The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you require for your injuries. The letter will outline all of your economic damages such as medical costs and lost wages as in addition to non-economic damages like discomfort and pain.

Then the judge or jury will make a decision. If they rule in your favor, they will be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car it is essential to prove negligence to receive compensation for your injuries. Gathering evidence is one of the first steps in the process of litigation, and it involves collecting documents, photographs, witness testimony as well as official reports, such as police reports.

Your lawyer may be able to establish what transpired in the mount vernon accident lawyer by taking pictures of the scene, which include skid marks, road debris and other physical evidence. Note down the names and contact numbers of any eyewitnesses that witnessed what happened. Witnesses who testify to corroborate your version of events is important as it could be common for drivers to have contradictory stories of what happened. This causes insurance companies to refuse to accept the claim or denying any responsibility at all.

Other evidence that your lawyer may use include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge guidelines, and other evidence that proves the severity of your injuries. You should obtain these documents as soon as you can and ensure that you give copies to your healthcare professionals.

Another form of evidence that your attorney may make use of is a deposition which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer may use this evidence to prove your injuries had an immediate, obvious connection to the accident. This can be used to justify requesting compensation. Most of the evidence discussed above can be gathered at the site of the accident or shortly afterwards but some of it may not be available until much later in the litigation. This is the reason it's essential to consult a highly-credentialed lawyer for car accidents as soon as you can so that they can begin an investigation as evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, it's time to seek professional legal advice. A car accident lawyer attorney can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint with court, which lists the specific claims you have filed and the amount you are seeking in damages. This type of document is typically drafted by an attorney, and filed in court. It is also served to the defendant.

The discovery phase starts, allowing both parties to exchange information about their claims and defenses. The process can take a long time, and both teams will have to look over a variety of documents, including police records and witness statements. They may also have to examine medical records and bills as well as other documents. Each side can require interrogatories. These are a series of questions that each party must answer under oath within a set time frame.

Throughout this process the lawyer will work with doctors to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will then calculate your total damages including the future and past medical expenses loss of earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is more likely after discovery and before the trial. If the insurance company is unable to provide a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, the case may go to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will ask for copies of the documents supporting your case, such as medical bills, police reports and work loss records (e.g. the records from your employer which reveals how much time you missed work because of the accident) photos of your vehicle and any damage or injuries and other financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to question witnesses and witnesses who are not present.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing party the opportunity to answer questions in writing, that must be sworn to under oath, and to supply copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident attorney (Vimeo.Com) will also question witnesses and any other person with information about the damages or injuries you sustained that could be vital to your case. During a deposition, the lawyer representing the party at fault will ask you questions and your responses will be recorded on video by an official court reporter or recorded.

The purpose of these pretrial investigation processes is to enable your lawyer to create an argument that is persuasive and strong against the at-fault party as well as their insurance company so that you can receive an adequate and fair settlement for your losses, injuries and expenses. While there is no guarantee that all cases will settle however, the majority of cases settle either during or after the discovery process, which is often be completed before your case reaches trial.

4. Trial

The majority of car accidents settle through out-of-court negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal process where both parties are required to present arguments and evidence before a factfinder who makes a decision to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will present your version of events in opening statements to the jury together with any evidence that you have, like images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as police reports and accident attorney medical bills. You can also testify about your personal memories of the incident and how it impacted your life. Expert witnesses can also offer evidence to support your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.

At trial, the jury has to determine if the plaintiff's injuries were caused by the negligence of the defendant. They will be examining proximate causes an intricate legal concept that lawyers will spend many hours studying during law school. 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 are entitled to. It is also a complicated issue because it depends on the severity of your injuries as well as the extent to which you've suffered. Your lawyer will provide evidence including expert testimony about the severity of your injuries, lost income and future earning potential, as well your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer is unable to come to a deal with the insurer, you might have to start a lawsuit in the courtroom. It can be expensive and time-consuming. However, it is often necessary to get compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents called motions to request the court to consider the exclusion of certain kinds of evidence during trial. Settlement negotiations can be ongoing throughout this process, and most civil disputes in car accidents settle before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you'll be willing to go to trial. In addition, the settlement process is more efficient and less risky than a trial.

It is vital to fully comprehend the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached maximum medical improvement (MMI) then you could miss out on additional compensation. Additionally, you should not sign an agreement until you have talked to your lawyer and have an accurate understanding of your losses. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully review your medical records and other documentation to ensure that you receive the entire amount of damages for which you are eligible.