The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount you need for your injuries, our tenacious lawyers will draft a formal demand letter. This will include all of the economic losses you have suffered, such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

Then a jury or judge will decide. If they decide to your advantage you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident the proof of negligence is essential to receiving compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, like police reports, and elko accident law firm other official reports.

Your lawyer might be able to determine what happened during the accident by taking photos of the scene, including skid marks road debris, skid marks and other physical evidence. Also, note the names and contact information of any witnesses who witnessed what occurred. It is essential that witnesses confirm the events took place, as it can often be the case that drivers provide contradictory stories that lead to insurance companies refusing to accept or deny responsibility.

Other evidence forms your lawyer might use include medical records, which may include bills, receipts, diagnosis reports, lab results, discharge guidelines, and other evidence that proves the extent of your injuries. It is important to obtain these records as soon as you can, and also provide copies to your medical professionals.

Another form of evidence that 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 can use this testimony to establish your injuries had a clear, identifiable connection to the forest lake accident lawyer. This will help justify the need for compensation. While the majority of the above kinds of evidence can be collected at the scene of the accident or shortly afterward, some of it might not be accessible until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer in the event of a car accident as soon as you can so that they can begin the investigation when the evidence is in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's time to seek professional legal advice. An attorney for car accidents will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is filing an application with the court. It will describe your specific claims as well as the amount of money you'd like to claim in damages. The complaint is typically written by your attorney and filed with the court and served to the defendant.

The discovery phase starts with both parties able to exchange information regarding their claims and defenses. The process can take a long time and both teams will require a thorough review of documents, including police reports and witness statements. They might also need to look at medical records or bills, as well as other documents. Both sides can request interrogatories. These are a series questions that the other side must answer under oath within the specified timeframe.

In this stage the lawyer will work with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they have affected your daily routine. Your lawyer will determine your total damages. This will include future and past medical expenses as well as lost wages, pain and suffering and 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 refuses a fair settlement or if your losses are important and not covered by insurance, then you may need to go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company exchange information that may help or hurt your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports and work loss records (e.g. documents from your employer which reveals the amount of time you were absent from work due to the accident), photographs of your vehicle as well as any damage or injuries and other financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These tools for writing discovery are shared between attorneys on both sides. Written discovery tools allow the opposing side a chance to respond to questions in writing, which must 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 question witnesses and any other person with information about the damages or injuries you sustained that could be essential to your case. In a deposition, the attorney representing the at-fault party will ask you an array of questions and your answers will be recorded on video or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to allow your lawyer to construct a strong and compelling case against the at-fault party as well as their insurer so that you are able to secure a fair and complete settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case however most will settle during or following the investigation process, which is typically completed before the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company are not in agreement regarding the fault of the other party or the amount you are entitled to for your injuries. A trial is a formal process in which both sides present arguments and evidence before an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence like photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, 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 defendant's lawyer can cross-examine witnesses and challenge to the admissibility or validity of certain evidence.

The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's reckless behavior. They will look at proximate cause which is a tangled legal concept that lawyers spend many hours studying in law school. Proximate causes focuses on 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 is also a complicated issue because it depends on the extent of your injuries and the extent to which you've suffered. Your lawyer will present evidence which includes expert testimony regarding the severity of your injuries loss of income, future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Every state has a time limit within which you can resolve your claim or file an action. This is known as the statute of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you might have to file a car accident lawsuit in court. This could be a lengthy process and costly, but it is usually necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where each side exchanges information with the other). Your lawyer will also file legal documents called motions asking the court for things like the exclusion of certain types of evidence in trial. Settlement negotiations may continue throughout the entire process, and a lot of civil disputes arising out of car accidents will end before a trial needs 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 are willing to take the case to trial. Settlement is more efficient and less risky than an in-court trial.

Before you agree to a settlement, it is important to understand the extent of your injuries. You must also have completed all medical treatments. If you settle before your doctor has determined that you have reached your maximum medical improvement (MMI), you could not be eligible for additional compensation. Also, you should not sign a settlement agreement before you have spoken to your lawyer about your damages. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will carefully review your medical records as well as other documents to make sure that you receive the full amount of damages for that you are eligible.