The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if an insurance company is unable to pay the amount you require for your injuries. This will outline all your financial damages including medical expenses and lost wages, as well as non-economic damages like pain and suffering.

Then, a judge or jury will take a call. If they rule to your advantage you will be awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports like police reports, and other official reports.

Your attorney might be able to establish what transpired in the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Note down the names and contact information of any witnesses who saw what happened. Witnesses who testify to corroborate your version of the events is essential as it could be common for drivers to give contradicting versions of what transpired, which leads to insurance companies refusing to accept the claim or even denying any responsibility at all.

Other forms of evidence your lawyer might use include medical records, which can include bills, receipts diagnose reports, lab results, discharge instructions and other documents that show the severity of your injuries. You should obtain these records as quickly as you can, and also provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer could utilize. It's an out-of court testimony under oath. It is then recorded by a Court Reporter. Your lawyer may use this testimony to establish your injuries have an immediate, obvious connection to the accident. This can be used to justify requesting compensation. Most of the evidence mentioned above can be gathered at the site of the lyndon accident attorney or soon after however some evidence may not be available until later in the litigation. It is essential to contact a lawyer for car accidents with the right credentials immediately so they can begin an inquiry while the evidence is in its most pure form.

2. Filing a complaint

When the dust has cleared and you've taken care of your injuries, it's time to seek legal advice from a professional. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims that you're bringing and how much money you are seeking in damages. The document is usually drafted by your attorney, and then filed with the court and served to the defendant.

This also initiates the discovery phase which allows both sides to exchange information and evidence related to their claims and defenses. The process can be long and requires both sides to review many documents, including police reports as well as witness statements, medical records, bills and more. Each side may require interrogatories. These are a series of questions that each party must answer under oath, within a specific deadline.

Throughout this stage your lawyer will collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries and the impact they've had on your daily life. Your lawyer will estimate the total damages. This includes future and past medical expenses including lost wages, pain and suffering and more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver who is at the fault. This is more likely following discovery, but before trial. However, if the insurance company is unable to provide a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case may move forward to trial. A jury or judge will decide on the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car smyrna accident lawyer, where your attorney and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of documents to support your case. These include police reports, medical bills and work loss documents from your employer (showing the amount of time you've missed because of the accident), photos of your vehicle damaged or injured and other financial details. Your lawyer will also make use of written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that aren't present in the case.

These discovery tools written in writing are distributed back and forth between the attorneys from both sides. The written discovery tools give the other side an opportunity to respond to questions in writing that need to be answered under oath. They also ask you to provide copies or other information that may be useful to you.

Your Long Island car accident attorney will also depose witnesses and any other person with information about your injuries or damages which could be essential to your case. During a deposition the lawyer representing the person at fault will ask you questions and your responses will either be recorded on video by a court reporter or transcribed.

The purpose of these pretrial investigation processes is to enable your lawyer to build a strong and compelling case to the at-fault party and their insurer in order that you can receive a full and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case however the majority of cases occur during or after the investigation process, which is typically done prior to trial.

4. Trial

While the vast majority of car accidents are settled through informal negotiations, if you and the insurance company aren't in agreement on the cause or the amount you should receive for your injuries, the case may go to trial. A trial is an official proceeding in which both sides argue and present evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will provide your version of the events in opening statements to the jury, along with any supporting evidence you have, such as images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses can also give evidence to back up your assertions. The defendant's lawyer can interrogate witnesses and object to the admissibility of certain evidence.

The jury will decide during trial if the plaintiff's injury was caused by the defendant's reckless behavior. They will examine the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. It's also a complex issue due to the degree of your injuries and the amount to which you've suffered. Your lawyer will present evidence which includes expert testimony from a witness regarding the severity of your injuries, the loss of income and future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline that you must meet to resolve your claim or file an action. This is known as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might need to file a car accident lawsuit in court. It can be time-consuming and costly, but it is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where both sides exchange information with each other). Your lawyer will also file legal documents called motions to ask the court for specific things such as excluding certain types of evidence during trial. Settlement negotiations can go on throughout this process, and most civil disputes in car accidents settle before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to take the case to trial. Settlement is faster and less risky than an in-court trial.

It is essential to understand the extent of your injuries prior to agreeing to a settlement. You must also have completed all medical treatment. If you settle before your doctor determines that you have reached maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. You should also not sign a release before you have spoken to your lawyer about your injuries. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you get the full amount of damages for that you are eligible.