The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter in the event that the insurance company is unable to pay the amount you're entitled to for your injuries. The letter will outline all of your economic damages like medical expenses and lost wages as also non-economic damages such as discomfort and pain.

A judge or jury will then make a ruling. If they decide in your favor, you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is vital to obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports like police reports and other official reports.

Your lawyer might be able to establish what happened in the incident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and contact numbers of any witnesses who saw the incident. It is crucial to have witnesses confirm the events took place, since it can often be the case that drivers will give contradictory stories that lead to insurance companies denying or refusing the liability.

Medical records can also be used by your lawyer to prove the severity of your injuries. They could include bills, receipts as well as lab results, diagnosis reports, discharge guidelines and other documentation. It is important to obtain these records as quickly as possible and provide copies to your healthcare providers.

Another type of evidence that your attorney may use is a deposition, which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer could use this testimony to establish your injuries had a direct, foreseeable link to the accident. This helps to justify seeking compensation. While the majority of the above kinds of evidence can be gathered at the accident scene or soon afterward, some of it might not be accessible until later in the litigation process. It's important to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can so that they can begin an inquiry while the evidence is still 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 a professional. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you have filed and how much money you're seeking in damages. The document is usually drafted by your lawyer and filed with the court, and then served to the defendant.

This also begins the discovery phase which allows both parties to exchange information and evidence related to their claims and defenses. The process can take a long time and requires both sides to review many documents, including police reports as well as witness statements medical records, invoices and more. Each side can request interrogatories. These are a set of questions which the other side has to answer under oath within the specified timeframe.

Throughout this process your lawyer will collaborate with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they have had on your daily life. Your attorney will calculate the total damages. This will include any future medical expenses, lost wages, pain and suffering and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at fault. This will most likely take place after the completion of the discovery process and prior to trial. If the insurance company is unable to settle the claim in a fair manner or if you have incurred significant damage that is not covered by the insurance policy, your case could be referred to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. This is where your attorney and the negligent driver's insurer exchange information that could help or hurt your claim. Your attorney will request copies of documents that support your case. These include police reports medical bills, as well as work loss records from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle and any damages or injuries as well as other financial data. Your attorney may also employ written discovery tools, such as interrogatories, requests for production and requests for admissions in order to question witnesses and parties who are not in the case.

These documents are exchanged between attorneys from both sides. They give the opposing side the chance to respond to questions in writing, that must be sworn to in oath and to provide copies of specific documents or other information that may be relevant to your case.

Your Long Island car manitou springs accident lawsuit lawyer will also be able to depose people who are witnesses to the accident and anyone with information regarding your injuries or damages that could be pertinent to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your responses will be recorded on video by an official court reporter or recorded.

The pretrial investigation process is designed to assist your lawyer build a compelling case against the at-fault person and their insurance company in order to negotiate an equitable settlement for all your injuries as well as losses, expenses and costs. While there is no guarantee that all cases will settle however, the majority of cases settle during or after the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

Although the majority of car accidents are resolved through informal negotiations however, if you and your insurance company disagree about fault or the amount of compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal process that involves both sides presenting arguments and evidence to a factfinder, who makes a ruling which settles the dispute. In personal injury cases, the factfinder is usually a jury.

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

The jury will decide during trial if the plaintiff's injury was the result of the defendant's negligent conduct. They will examine proximate cause which is a complex legal concept that lawyers spend many hours studying during law school. Proximate cause examines the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It's a difficult issue because it is contingent on the degree of your injuries and the extent to which you have suffered. Your attorney will present evidence which includes expert testimony about the severity of your injuries loss of income, future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may need to file a car Union accident lawyer lawsuit in court. It can be lengthy and expensive, but it is often required to seek compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents called motions asking the court to consider not allowing certain types of evidence during trial. Settlement negotiations can continue during this process. Many car accident civil disputes are settled before a trial is necessary.

If they believe your injury claim is legitimate and you are willing to go to trial insurance companies will make an appropriate settlement offer. Settlement is more efficient and less risky than a court trial.

It is vital to fully understand your injuries prior to committing to the settlement. You must have completed all medical treatment. If you settle prior to your doctor determining that you have reached your maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. It is also important not to sign a contract before you have consulted with your lawyer about the damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will carefully examine your medical records and other evidence to ensure that you receive the entire amount of damages to that you are eligible.