The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare 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 outline all of your economic losses such as medical costs and lost wages as well as non-economic damages like pain and discomfort.

A judge or jury will then take a call. If they decide in your favor they will give you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an accident in the car the proof of negligence is essential to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident might aid your lawyer in determining what actually transpired during the collision, including the positions of both vehicles after impact, skid marks road debris and other physical evidence. Take down the names and contact details of any eyewitnesses that witnessed the events. Having witnesses testify that corroborate your version of what happened is crucial as it could be common for drivers to have conflicting accounts of what happened that leads to insurance companies refusing to accept the claim or denying the responsibility completely.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. These documents may include bills, receipts and lab results, diagnose reports, discharge guidelines and other forms of documentation. You should obtain these records as soon as possible and provide copies to your healthcare professionals.

Depositions are another form of evidence your lawyer may make use of. It's an out-of the court testimony that is under oath, which is then transcribed by a Court Reporter. Your lawyer could use the testimony to prove the fact that your injuries had an immediate and clear connection to the massachusetts accident law firm and, therefore, can justify the need for compensation for your losses. Most of the evidence discussed above can be gathered at the site of the crash or shortly after but some of it may not be available until much later in the legal process. It's crucial to speak with a lawyer for car accidents with the appropriate credentials as soon as you can so they can begin an investigation as evidence is in its most natural form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek out legal counsel from an expert. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is filing a complaint with the court. The complaint will detail your specific claims and the amount you'd like to claim in damages. This type of document is typically drafted by an attorney, and filed in the court. It will also be served to the defendant.

This also triggers the discovery phase which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a long time, and both teams will need to review a lot of documents, including police reports and witness statements. They might also have to examine medical records or bills, as well as other documents. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath in the timeframe specified.

During this stage, you lawyer will also collaborate with doctors to gather an accurate picture of your injuries and the impact they've caused on your life. Your lawyer will then estimate your total damages that will include the future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the at-fault driver's insurance company. This will most likely be the case following the completion of discovery and before trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've suffered significant damage that is not covered by the insurance policy, your case may move forward to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will ask for documents that can support your case, such as police reports, medical bills, work loss records (e.g. an email from your employer which reveals the amount of time you were absent from work because of the accident) photos of your car and any damage or injuries, and other relevant financial information. Your lawyer will also make use of written discovery tools like interrogatories, requests for production and requests for admissions to question witnesses and other parties that are not part of the case.

These tools for writing discovery are shared between attorneys on both sides. The written discovery tools give the other side an opportunity to answer questions in writing, which must be answered under oath. They also ask you to provide copies of other information which could be helpful to you.

Your Long Island car Elizabethtown accident attorney attorney will also depose witnesses and anyone who has information regarding the damages or injuries you sustained that could be vital to your case. During a deposition attorney representing the at-fault party will ask you several questions, and your answers will be recorded on video or transcribing by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer develop a convincing case against the at-fault person and their insurer in order to obtain a fair settlement for all of your injuries and losses, costs and expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle either during or after the discovery process, which may be completed before the case reaches trial.

4. Trial

Trials can be arranged in situations when you and the insurance company disagree on the source of your fault or the amount you should receive for your injuries. A trial is a formal process where both parties present arguments and evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You may also testify on your memory of the incident, and how it affected your life. Expert witnesses can also testify to back your claims. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury will decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will look at the proximate causality, a nebulous legal concept that law students have to spend hours studying. 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 will be awarded. This is another complicated issue, as it depends on the severity of your injuries and the extent of your losses. Your attorney will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, the loss of income and future earnings potential and your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline within which you can resolve your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. It can be time-consuming and expensive, but it is usually required to seek compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your lawyer will also make legal filings, also known as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are resolved before a trial is necessary.

If they believe that your claim is solid and that you are willing to go to trial the insurance company will offer an appropriate settlement offer. Settlements are more efficient and less risky than an in-court trial.

It is vital to understand the extent of your injuries prior to agreeing to an agreement. You must have completed all medical treatments. If you settle before your doctor has determined that you have reached the maximum medical improvement (MMI) and you are not able to be denied additional compensation. Don't sign a release until you have consulted with your lawyer about the damages. Your lawyer will make sure that you do not get a poor deal on compensation. They will go through your medical records as well as other documents to ensure that you are entitled to all damages that you are entitled to.