The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official letter of demand if the insurance company is unable to pay the amount you need for your injuries. This will list all your financial damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering.

A jury or judge will then come to a decision. If they rule in your favor, they will be able to award you damages, and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an south salt lake accident attorney in a car it is essential to prove negligence to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident might help your attorney establish what happened during the accident, including the position of both cars after collision, skid marks, road debris and other physical evidence. Also, note the names and contact information of any eyewitnesses who witnessed what happened. Witnesses who testify that confirm your account of what happened is crucial, especially since it can be common for drivers to have conflicting accounts of what happened that can lead to insurance companies refusing to accept the claim or deny responsibility altogether.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. These documents may include receipts, bills and lab results, diagnose reports, discharge instructions and other documents. It is essential to get these records as soon as you can and give copies to your medical professionals.

Depositions are another form of evidence that your attorney could use. It is an out-of court testimony under oath, and then recorded by a Court Reporter. Your lawyer may use this testimony to establish your injuries have a direct, foreseeable link to the accident. This can be used to justify the need for compensation. While the majority of the above types of evidence are taken at the scene of the accident or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. It's important to contact a car accident lawyer with the appropriate credentials as soon as you can so they can begin an inquiry when the evidence is in its most natural form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal guidance from an expert. A lawyer for car accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint in court, which outlines the specific claims that you're making and the amount of money you are seeking in damages. This document is typically drafted by your lawyer and filed with the court and then served on the defendant.

This also begins the discovery phase which allows both parties to exchange information and evidence that is related to their claims and defenses. The process can be long and firm requires both teams to review many documents, including police reports as well as witness statements medical records, invoices and more. Both sides can request interrogatories. They are a set of questions that the other side must answer under oath in the timeframe specified.

Throughout this stage your lawyer will collaborate with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your lawyer will then estimate your total damages including future and past medical expenses as well as lost earnings, pain and suffering, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at fault. This is more likely to occur after discovery and before the trial. If the insurance company is unwilling to offer an equitable settlement, or if your damages are important and not covered by insurance, then you could need to go to trial. A jury or judge will make a final decision in the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will request documents that can support your case, including police reports, medical bills as well as work loss records (e.g. the records from your employer that outlines the amount of time you were absent from work due to the accident), photographs of your car and any damage or injuries or other pertinent financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to question parties and witnesses who are not present.

These discovery tools written in writing are sent back and forth between the attorneys from both sides. They provide the opposing party the opportunity to answer questions in writing, that must be answered under oath and to supply copies of certain documents and other information that may be relevant to your case.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident, as well as anyone with information on your injuries or damages that could be relevant to your case. In a deposition, the lawyer of the at-fault person will ask you questions, and your answers could be recorded on video by a court reporter or transcribed.

The goal of these pretrial investigation processes is to enable your lawyer to present an argument that is persuasive and strong to the at-fault party and their insurer in order that you can secure a fair and complete settlement for your losses, injuries and expenses. Although there is no guarantee that all cases settle, the majority do during or after the discovery process, which is often be completed before your case is brought to trial.

4. Trial

Trials are possible in cases where you and the insurance company disagree on fault or the amount you should receive for your injuries. A trial is a formal procedure where both sides submit arguments and evidence to a factfinder who renders a verdict that settles the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident or testimony from witnesses, medical professionals, documents like police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The attorney for the defendant can interrogate witnesses and contest the admissibility of certain evidence.

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

A jury is also required to determine how much damages you are entitled to. It's also a complicated matter because it is based on the severity of your injuries as well as the degree to which you've suffered. Your lawyer will present evidence which includes expert testimony about the severity of your injuries, lost income and future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations where you have to settle your claim or bring a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you might require filing a car accident lawsuit in the court. It can be costly and time-consuming, but this is often necessary to get compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at 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 known as motions to request the court to consider the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue during this process. Many car accident civil disputes are settled before trial is required.

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

It is crucial to understand your injuries before you agree to a settlement. It is also important to have completed all medical treatments. It is possible to lose additional compensation if you accept the settlement before your doctor has confirmed that you have achieved the level of medical improvement that is the highest. You should also not sign a contract before you have spoken with your lawyer regarding your damages. Your lawyer will ensure you do not lose out on the valuable compensation. They will carefully examine your medical records and other evidence to make sure that you receive the entire amount of damages to which you are eligible.