The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter if the insurance company is unable to pay the amount you need for your injuries. This will list all the economic losses you have suffered like medical bills and lost wages, and non-economic damages, such as pain and suffering.

Then a judge or jury will decide. If they make a decision to your advantage you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves a car Flower mound Accident lawyer it is essential to prove negligence in obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, such as police reports, and other official reports.

Your lawyer might be able to establish what happened in the accident by taking photos of the scene, including skid marks, road debris and other physical evidence. Also, take note of the names and contact information of any witnesses who were present at what happened. It is important to have witnesses corroborate the events that occurred, as it can often be the case that drivers will give contradictory information that can lead to insurance companies refusing or denial of the liability.

Other forms of evidence your lawyer could utilize include medical records. These could include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. You should seek these documents as soon as is possible and ensure that you send copies to your healthcare professionals.

Another type of evidence your attorney may use is a deposition, which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer may make use of this testimony to prove your injuries had an obvious, predicable connection to the accident. This helps to justify seeking compensation. The majority of the evidence listed above is available at the site of the crash or shortly after however some evidence may not be available until much later in the legal process. It's crucial to speak with an attorney for car accidents with the appropriate credentials as soon as you can so they can begin an investigation when the evidence is in its most natural form.

2. Filing a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims as well as the amount of money you want to recover in damages. This type of document is typically drafted by an attorney and then filed in court. It will also be given to the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can be long and requires both parties to look over a number of documents, including police reports and witness statements and medical records, as well as bills and more. Each side may ask for interrogatories, which are a set of questions that each party must answer under oath, within a specific time frame.

During this stage, you lawyer will also collaborate with doctors to gather the full picture of your injuries and the impact they've had on your life. Your lawyer will determine the total damages. This will include future and past medical expenses as well as lost wages, the pain and suffering of others, and many more.

Your lawyer could be able to reach a settlement deal with the insurance company of the driver who is at the fault. This is likely to take place after the completion of discovery, but before trial. If the insurance company is unwilling to offer an acceptable settlement, or if the damages are important and not covered by insurance, then you could need to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is the time when your attorney and negligent insurer of the driver exchange information that could support or undermine your claim. Your attorney will ask for copies of the documents supporting your case, including police reports, medical bills and work loss records (e.g. an email from your employer that outlines the amount of time you were absent from work because of the accident) photos of your vehicle, any damage or injuries and other financial information. Your attorney will also use written discovery tools such as interrogatories or requests for production as well as request for admissions to question witnesses and parties who are not part of the case.

These written discovery tools are shared between attorneys on both sides. The tools for writing discovery give the opposing side a chance to answer questions in writing which must be answered under oath. They also ask you to provide copies or other information which could be useful to you.

Your Long Island car dayton accident attorney lawyer will also conduct depositions of people who are witnesses to the accident and any person who has information about your injuries or damages that could be pertinent to your case. During a deposition, the lawyer of the at-fault person will ask you questions, and your answers will either be recorded on video by a court reporter or transcribing.

The purpose of these pre-trial investigation procedures is to enable your lawyer to build an argument that is convincing and persuasive to the party at fault and their insurer so that you can secure a full and fair settlement for your injuries, losses and expenses. Although there is no assurance that all cases will settle however, the majority settles in the course of or following the discovery process, which is often be completed before your case reaches trial.

4. Trial

Trials are a possibility in situations where you and the insurance provider disagree regarding the fault of the other party or the amount you should be awarded for your injuries. A trial is a formal process that involves both sides presenting arguments and evidence to a factfinder who makes a decision that settles the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence, such as photos or videos of the scene witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You can also testify about your memories of the incident, and how it affected your life. Expert witnesses are also able to testify in support of your claims. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence.

The jury will determine at trial whether the plaintiff's harm was the result of the defendant's negligence. They will look at proximate causes, a complex legal concept that law students have to spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury is also required to determine the amount of damages you will be awarded. This is another complicated issue depending on how severe your injuries are and the extent of your losses. Your attorney will present your evidence, including expert testimony from a witness regarding the severity of your injuries, the loss of income and future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline within which you can resolve your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer can't reach a settlement with the insurer, you may have to bring a lawsuit to court. This can be time consuming and costly, but it is often necessary to pursue compensation.

During this process the Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your lawyer will also make legal filings, also known as motions, asking the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout this process, and most car accident civil disputes end before a trial has to be held.

If they believe that your injury claim is solid and you are willing to go to trial the insurance company will offer an honest settlement offer. In addition the settlement process is faster and less risky than a trial.

It is important to be aware of your injuries before you agree to the settlement. You must also have completed all medical treatments. You could lose out on additional compensation if settling the settlement until your physician has determined that you have reached the maximum level of improvement in your medical condition. Don't sign an agreement until you have spoken with your lawyer and gained an understanding of all damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will go through your medical records, and other documents, to ensure that you are entitled to all damages for which you qualify.