The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need for your injuries, our tenacious lawyers will draft an official demand letter. The letter will outline all of your economic damages such as medical expenses and lost wages, as and non-economic losses such as pain and discomfort.

A judge or jury will then take a call. If they make a decision to your advantage you will be awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is crucial to get compensation for your injuries and losses. Gathering evidence is among the first steps of the process of litigation, and it involves collecting documents such as photographs, witness testimony and official reports like police reports.

Photographs of the scene of the accident may aid your lawyer in determining what actually transpired during the pea ridge accident attorney, including the position of both cars following the impact, skid marks, road debris and other evidence that is physical. Record the names and contact information of any witnesses who saw the events. It is essential that witnesses who can confirm the events that were actually happening, as it may often happen that drivers provide contradictory information that can lead to insurance companies refusing to accept or deny the liability.

Other forms of evidence your lawyer may use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. It is important to obtain these records as soon as you can and ensure that you give copies to your healthcare providers.

Another type of evidence your lawyer could use is a deposition, which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer could use the testimony to prove that your injuries had a direct and foreseeable connection to the accident which can help justify compensation for your damages. Although the majority of the above types of evidence can be gathered at the accident scene or shortly thereafter however, some evidence may not be available until later in the litigation process. This is why it's vital to talk to a reputable car accident lawyer as soon as you can, so they can begin an investigation while vital evidence is still in its purest form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, you should seek legal guidance from an expert. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint in court, which outlines the specific claims you have filed and the amount you are seeking in damages. The complaint is typically written by your attorney, and then filed with the court and served to the defendant.

The discovery phase begins, allowing both parties to exchange information regarding their defenses and claims. The process can be very long and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports and medical records, as well as bills and more. Each side may request interrogatories. They are a set of questions which the other side has to answer under oath within the specified timeframe.

In this phase, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will then calculate your total damages including past and future medical expenses as well as lost earnings, pain and suffering and much more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This is more likely after discovery and prior to trial. However, if the insurance company is unable to provide a fair settlement or if you have incurred significant damage that is not covered by the insurance policy, your case could go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will request copies of the documents supporting your case, such as police reports, medical bills, work loss records (e.g. an email from your employer which reveals how much time you missed work because of the accident) photographs of your vehicle, any damages or injuries, and other relevant financial information. Your attorney may also employ written discovery tools like interrogatories, requests for production and requests for admissions in order to question witnesses and parties who aren't present in the case.

These tools for discovery are shared between attorneys on both sides. They give the opposing party an opportunity to reply to questions in writing, which need to be sworn to in oath and to supply copies of certain documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident as well as anyone with information on your injuries or damages that could be important to your case. During a deposition, the lawyer representing the party at fault will ask you an array of questions and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to help your lawyer construct a compelling argument against the person at fault and their insurer to obtain an equitable settlement for all your injuries, expenses and losses. There is no assurance of a settlement in each case however most occur during or after the investigation process, which is often completed prior to the trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations, if you and the insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder who issues a decision that settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury, and any supporting evidence you have, such as photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You may also testify on your memories of the incident, and how it impacted your life. Expert witnesses can also provide testimony to support your assertions. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will examine the proximate cause, a complicated legal concept that law students spend hours studying. Proximate causes considers the relationship between the actions of the defendant and accident the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is another complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your attorney will present your evidence that includes expert witness testimony about the severity of your injuries, the loss of income, and your future earnings potential and your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations by which you must settle your claim or bring a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might need to file a car accident lawsuit in the court. It can be expensive and time-consuming, but it is usually required to obtain compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents called motions asking the court to consider the exclusion of certain types of evidence at trial. Settlement negotiations may continue throughout the process, and a majority of car accident civil disputes end before a trial has to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and that you are willing to take the case to trial. In addition settlement is quicker and less risky than a trial.

Before agreeing to an agreement, it's important to understand the severity of your injuries. You must also have completed all medical treatments. If you agree to a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI), you could not receive additional compensation. You should also not sign a release until you have had a conversation with your lawyer and gained an understanding of all losses. Your attorney will ensure that you don't get a poor deal on compensation. They will carefully examine your medical records as well as other documents to make sure that you receive the total amount of damages to that you are eligible.