The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you require for your injuries, our hard-working attorneys will prepare an official demand letter. This letter will provide a detailed description of your financial losses such as medical expenses, lost wages as well as non-economic damages like discomfort and pain.

A judge or jury will then make a decision. If they decide in your favor you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident might assist your attorney in determining what actually transpired during the collision, including the location of both cars following the collision, skid marks, road debris, and other physical evidence. Also, note the names and phone numbers of any witnesses who were present at the incident. Witnesses that testify to support your account of what happened is crucial particularly since it can be common for drivers to have conflicting reports of what happened, which causes insurance companies to refuse to accept the claim or even denying the responsibility completely.

Other forms of evidence your lawyer could use include medical records, which may include bills, receipts, diagnosis reports, lab results, discharge instructions, and other evidence that proves the severity of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your healthcare providers.

A deposition is another form of evidence that your attorney may use. It's an out-of court testimony under oath, which is then transcribing by a Court Reporter. Your lawyer could make use of this testimony to prove your injuries have a direct, foreseeable link to the accident. This is a good argument to support requesting compensation. Most of the evidence mentioned above is available at the scene of the accident or within a short time, but some may not be available until much later in the litigation. This is why it's vital to talk to a reputable car accident lawyer as quickly as you can, so they can begin investigating while the crucial evidence is in its most pure form.

2. Filing a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A lawyer for car accidents can give you the experience to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims that you're bringing and the amount you are seeking in damages. This type of document is typically drafted by an attorney and then filed in court. It is also served on the defendant.

The discovery phase begins with both parties able to share information regarding their claims and defenses. The process can take a considerable time and both teams will be required to examine a large number of documents, including police records and witness statements. They may also have to review medical documents, bills, and other documents. Each side may require interrogatories. These are a series of questions that each party must answer under oath by a predetermined deadline.

During this stage, you lawyer will also collaborate with doctors to gather a full picture of your injuries and the impact they've had on your life. Your lawyer will determine your total damages. This will include future and past medical expenses as well as lost wages, suffering and pain, and much more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at the fault. This will most likely occur after the completion of discovery and before trial. If the insurance company does not agree to a fair settlement or if your losses are significant and are not covered by insurance, then you may be required to appear in court. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car niles accident lawyer where your lawyer and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will seek copies of all documents that support your case. These include police reports medical bills, work loss records from your employer (showing the amount of time you were absent due to the petoskey accident lawyer) photos of your vehicle and any damages or injuries and financial information. Your attorney will also make use of documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties who are not in the case.

These tools for discovery in writing are sent back and forth between the attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, which need to 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 brook park 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 damage that could be crucial to your case. In a deposition, the lawyer representing the party at fault will ask you a series of questions, and your responses will be recorded on video or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to allow your lawyer to create an effective and convincing argument to the at-fault party and their insurer, so that you can receive an equitable and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case but the majority of cases do so during or after the investigation process, which is usually done prior to trial.

4. Trial

Trials are possible where you and the insurance company disagree regarding the fault of the other party or the amount of compensation you should receive for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who issues a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence, such as photos or videos of the scene or testimony from witnesses, medical professionals, documents like police reports and bills. You may also testify on your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

At trial, the jury has to decide if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate cause, a complicated legal concept that lawyers will spend many hours studying in law school. Proximate causes considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. This is a thorny issue because it is contingent on how severe your injuries are 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, your loss of income, as well as future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations that you must meet to settle your claim or bring a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you may have to file a car accident lawsuit in court. It is costly and time-consuming, however it is often necessary to get compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents, referred to as motions that ask the court for certain things, such as not allowing certain types of evidence in trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are resolved before trial is required.

If they believe that your claim is valid and you are willing to go to trial Insurance companies will offer an honest settlement offer. In addition settlement is quicker and less risky than a trial.

It is important to fully understand your injuries prior to the settlement. You must also have completed all medical treatment. You could lose out on additional compensation if you accept a settlement until your doctor has determined that you have reached the maximum medical improvement. Don't sign a contract before you have consulted with your lawyer about the damages. Your attorney will ensure that you don't get a poor deal on compensation. They will carefully review your medical records and other documents to ensure that you receive the full amount of damages to which you are eligible.