The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you require for your injuries, our tenacious lawyers will draft an official demand letter. This will outline all your economic damages including medical expenses and lost wages, as well as non-economic damages, such as suffering and pain.

Then the judge or jury will take a call. If they decide in your favor, 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 negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports, and other official reports.

Your attorney might be able to establish the circumstances of the accident by taking pictures of the scene, which include skid marks, road debris and other physical evidence. Note down the names and phone numbers of any witnesses who were present to witness the incident. Witnesses who testify that confirm your account of the events is essential particularly since it can be common for drivers to give contradicting accounts of what happened that causes insurance companies to refuse to accept the claim or deny responsibility completely.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. These documents may include bills, receipts laboratory results, diagnosis reports, discharge guidelines and other documentation. It is important to obtain these records as soon as you can and give copies to your healthcare providers.

Another form of evidence that your attorney could use is a deposition, which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer can utilize this testimony to prove that your injuries have a direct, foreseeable link to the accident. This will help justify seeking compensation. Most of the evidence discussed above can be obtained at the site of the accident or soon after however some evidence may not be available until later in the legal process. This is the reason it's essential to consult a highly-credentialed car decorah accident law firm lawyer as soon as possible, so that they can begin the investigation as evidence is in its purest form.

2. How to file a complaint

Once the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. A lawyer for car accidents can give you the experience to maximize your compensation.

The first step is filing a complaint with the court. This document will outline your specific claims and the amount you wish to recover in damages. This document is typically drafted by your attorney and filed with the court, Kent accident law firm and then served to the defendant.

This also initiates the discovery phase which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can be very long and requires both sides to look over a number of documents, including police reports as well as witness statements, medical records, bills and much more. Both sides can request interrogatories. These are a series of questions that the other side has to answer under oath in the timeframe specified.

During this stage, you lawyer will also collaborate with doctors to get the full picture of your injuries and the impact they've affected your life. Your attorney will calculate your total damages including past and future medical expenses, lost earnings, suffering and pain and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at the fault. This is more likely to happen following discovery and prior to trial. If the insurance company does not agree to an equitable settlement, or if the damage is significant and not covered by insurance, then you may 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 a crucial stage in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that could assist or derail your claim. Your attorney will request copies of the documents to support your case. These documents include police reports as well as medical bills and work loss records from your employer (showing the amount of time you've missed due to the kent Accident law firm) photographs of your vehicle damaged or injured and financial information. Your attorney may also employ written discovery tools, such as interrogatories, requests for production and requests for admissions in order to question witnesses and other parties that aren't present in the case.

The written discovery tools are circulated back and forth between the attorneys for both sides. The written discovery tools give the opposing party a chance to respond to questions in writing that need to be sworn to under oath, and to provide copies or other information which could be helpful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the accident and also any person who has information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the person at fault will ask you questions, and your answers will either be recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to assist your lawyer create a compelling case against the person who is at fault and their insurer to secure a fair settlement for all of your damages or losses, as well as expenses. While there is no guarantee that all cases will settle however, the majority of cases settle at the end of or following the discovery process, which is often be completed before your trial.

4. Trial

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 of compensation you are entitled to for your injuries, your case could go to trial. A trial is a formal procedure where both sides submit 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 be able to explain your story in your opening statements to the jury, along with any supporting evidence you may have, such as images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury has to decide if the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you're entitled to. This is a thorny issue depending on how severe your injuries are and the severity of your losses. Your attorney will present evidence including expert testimony regarding the severity of injuries as well as lost income and future earning potential, as well as your suffering and impairment.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer can't reach a settlement with the insurer, you may have to bring a lawsuit to court. It can be expensive and time-consuming. However, it is usually required to obtain compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where both sides exchange information with one another). Your lawyer will also file legal documents referred to as motions asking the court for things like excluding certain types of evidence in trial. Settlement negotiations can continue during this process. A lot of civil disputes are settled before a trial is needed.

If they believe your injury claim is legitimate and you are willing to go to trial Insurance companies will offer an appropriate settlement offer. Additionally, the settlement process is quicker and less risky for them than a trial.

It is crucial to fully understand your injuries prior to an agreement. It is also important to have completed all medical treatments. 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. You should also not sign a release until you have talked to your lawyer and received a complete understanding of your damages. Your lawyer will ensure 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 entire amount of damages for which you are entitled.