The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter in the event that the insurance company refuses to pay you the amount you're entitled to for your injuries. The letter will list all of your financial losses like medical expenses and lost wages as in addition to non-economic damages like discomfort and pain.

Then a judge or jury will then make a decision. If they decide in your favor they will award you damages and the defendant has to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence 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 documents, photos, witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually happened in the collision, including the location of both cars following the collision, skid marks, road debris and other physical evidence. Note down the names and contact information of any witnesses who witnessed the incident. Witnesses that testify to support your account of the events is essential especially as it can be common for drivers to have conflicting stories of what happened. This results in insurance companies refusing to accept the claim or deny responsibility completely.

Other forms of evidence your lawyer could use include medical records, which can include bills, receipts, diagnosis reports, lab results, discharge guidelines, and other documents that show the severity of your injuries. You should seek these documents as soon as you can and send copies to your healthcare professionals.

A deposition is yet another type of evidence that your attorney might employ. It's an out-of court statement made under oath. It is then translated by a court reporter. Your lawyer may utilize the testimony to prove that your injuries have an immediate and obvious connection to the accident and, therefore, can justify the need for compensation for your injuries. Most of the evidence discussed above can be obtained at the site of the accident or soon after, but some may not be available until much later in the litigation. This is why it's vital to consult a highly-credentialed lawyer in the event of a car accident as soon as you can so that they can begin investigating while the crucial evidence is in its most pure form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal advice from an experienced. An attorney who has handled car accidents will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

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

This also triggers the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a long time and both teams may be required to examine a large number of documents, links.musicnotch.com including police reports and witness statements. They might also have to look at medical records, bills, and other documents. Each side may require interrogatories. These are a set of questions the other party must answer under oath within a set timeframe.

Throughout this process, your lawyer will also collaborate with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your attorney will then calculate the total damages you have suffered including the past and future medical costs, lost earnings, suffering and pain, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at the fault. This is more likely to occur following discovery and prior to trial. If the insurance company refuses to offer a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, the case may move forward 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 lawsuit involving a car accident the attorney representing you and the insurance company exchange information that could assist or derail your claim. Your attorney will seek copies of all documents to prove your case. This includes police reports medical bills, as well as work loss documents from your employer (showing how much time you missed due to the somerset Accident attorney) photographs of your vehicle, any injuries or damages as well as other financial data. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire about parties and witnesses who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. The written discovery tools provide the opposing side an opportunity to respond to questions in writing, which must be answered under oath and to provide copies of other information that might be useful to you.

Your Long Island car accident attorney will also question witnesses and any other person with information about your injuries or damages that could be crucial to your case. During a deposition, the at-fault party's lawyer will ask you a series of questions, and your responses will be recorded on video, or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer create a compelling case against the responsible party and their insurer in order to secure a fair settlement for all of your damages as well as losses, expenses and costs. Although there is no guarantee that every case will settle, the majority do during or after the discovery process, which can often be completed before your trial.

4. Trial

Trials are possible when you and the insurance company are not in agreement on the source of your fault or the amount of compensation you should be awarded for your injuries. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder, who makes a decision that settles the issue. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You may also offer your testimony regarding your memories of the incident and how it changed your life. Expert witnesses can also testify to support your assertions. The lawyer of the defendant may cross-examine the witnesses and object to admissibility of some evidence.

The jury will decide during trial whether the plaintiff's harm was the result of the defendant's reckless behavior. They will look at proximate causes, a complex legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you should receive. This is a more complicated matter depending on the severity of your injuries and the extent of your losses. Your attorney will present your evidence, including expert witness testimony regarding the severity of your injuries, your lost income and future earnings potential, as well as your pain and suffering, disfigurement, 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 start a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you could have to file a car accident lawsuit in the court. It's 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 the other). Your lawyer will also file legal documents known as motions to ask the court to consider not allowing certain types of evidence during trial. Settlement negotiations can be ongoing throughout this process, and a lot of car reading accident lawyer civil disputes end before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and that you'll be willing to take the case to trial. Additionally the settlement process is quicker and less risky for them than a trial.

Before agreeing to an agreement, it's important that you fully understand the severity of your injuries. You must also have completed all medical treatments. You could be denied additional compensation if you agree to the settlement until your physician has determined that you have attained the maximum level of improvement in your medical condition. Don't sign an agreement until you have met with your lawyer and received full understanding of your damages. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will carefully review your medical records and other documentation to ensure that you get the full amount of damages for which you are entitled.