The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need to cover your injuries, our determined lawyers will draft an official demand letter. This will list all your financial losses, such as medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.

Then the judge or jury will take a call. If they rule in your favor you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is the most important aspect to obtain compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports such as police reports, and other official reports.

Your attorney might be able to establish the circumstances of the incident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Note down the names and contact numbers of any witnesses who witnessed what transpired. Witnesses that testify to support your version of events is important especially as it can be common for drivers to have contradictory reports of what happened, which results in insurance companies refusing to accept the claim or deny the responsibility completely.

Other types of evidence your lawyer could use include medical records, which may 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 send copies to your healthcare professionals.

A deposition is another form of evidence that your attorney might utilize. It is a non-in court testimony given under oath, and then transcribed by a Court Reporter. Your lawyer may use this testimony to establish your injuries had a clear, identifiable connection to the accident. This helps to justify requesting compensation. Most of the evidence mentioned above can be collected at the site of the accident or within a short time, but some may not be available until later in the legal process. This is why it's crucial to speak with a well-credentialed car accident lawyer as quickly as possible, so that they can begin an investigation while vital evidence is still in its purest form.

2. Making a complaint

Once the dust has settled and you've taken care of your injuries, it's time to seek out legal counsel from an expert. A lawyer for car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with the court. The complaint will detail your specific claims as well as the amount of money you wish to recover in damages. This document is typically drafted by your attorney and filed with the court and served to the defendant.

The discovery phase starts with both parties able to share information regarding their claims and defenses. The process can be long and requires both sides to review many documents, including police reports and witness statements medical records, bills and much more. Each side can request interrogatories, which are a set of questions that each party must answer under oath by a predetermined time frame.

During this stage, you lawyer will also collaborate with doctors to get an accurate picture of your injuries as well as the impact they've caused on your life. Your attorney will calculate the total damages. This will include future and past medical expenses as well as lost wages, the pain and suffering of others, and many more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at fault. This is more likely to occur after discovery and before the trial. If the insurance company is unwilling to offer an acceptable settlement, or if your losses are substantial and not covered by insurance, then you could need to go to trial. A judge or jury will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident, where your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will ask for copies of documents to support your case. These documents include police reports medical bills, work loss records from your employer (showing the amount of time you've missed due to the accident) photos of your vehicle damaged or injured and financial information. Your lawyer will also make use of written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties who aren't present in the case.

These tools for discovery are used to exchange information between attorneys on both sides. They give the opposing side a chance to respond to questions in writing, that must be sworn to in oath and to supply copies of specific documents or other information that could be useful to your case.

Your Long Island car ashland Accident Lawyer lawyer will also be able to depose people who are witnesses to the collision and anyone who has information about 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 answers will be recorded on video, or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to assist your lawyer to build an argument that is persuasive and strong to the responsible party and their insurer, so that you can get a full and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case but the majority of them do so after or during the investigation process, which usually concluded prior to the trial.

4. Trial

Trials are possible when you and [Redirect-Refresh-0] the insurance provider disagree on fault or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it like photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also testify on your memory of the incident, and how it impacted your life. Expert witnesses can also offer evidence to support your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will examine the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate causes examines 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're entitled to. It is also a complicated issue because it is contingent on the degree of your injuries and the amount to which you've suffered. Your lawyer will present evidence which includes expert testimony regarding the severity of injuries loss of income, future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Each state has a specific deadline within which you can settle your claim or file an action. This is referred to as the statute of limitations. If your lawyer is not able to negotiate a settlement with the insurer, you may have to file a lawsuit in court. This could be a lengthy process and costly, but it is often necessary to pursue compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and also attend hearings. Your attorney will also submit legal documents, referred to as motions, which ask the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue throughout this process. A majority of car new haven accident lawyer civil disputes are settled before a trial is needed.

If they feel that your injury claim is solid and you are willing to go to trial insurance companies will make an appropriate settlement offer. Settlement is faster and less risky compared to an in-court trial.

It is vital to be aware of your injuries before you agree to an agreement. It is also important to have completed all medical treatments. It is possible to lose additional compensation if settling an offer of settlement until your doctor has determined that you have reached the point of maximum improvement. Don't sign the release until you've spoken with your lawyer and had an accurate understanding of your losses. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will go through your medical records, [empty] as well as other documentation to ensure that you receive all the damages that you are entitled to.