The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount of money you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. The letter will list all of your economic damages such as medical expenses, lost wages, as also non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is vital 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.

Your lawyer may be able to establish what happened during the incident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Also, take note of the names and phone numbers of any eyewitnesses who witnessed the incident. Witnesses that testify to support your account of what happened is crucial as it could be common for drivers to have conflicting accounts of what happened that can lead to insurance companies refusing to accept the claim or even denying the responsibility completely.

Medical records can also be utilized by your lawyer to establish the extent of your injury. These documents could include bills, receipts, lab results, diagnosis reports, discharge instructions and other documents. You should get these records as soon as you can and give copies to your medical professionals.

Depositions are another form of evidence that your attorney can employ. This is an out-of the court testimony that is under oath, which is then transcribed by a Court Reporter. The lawyer can use this testimony to establish your injuries were an obvious, predicable connection to the accident. This will help justify seeking compensation. While the majority of these kinds of evidence can be taken at the scene of the accident or shortly thereafter, some of it might not be available until later in the litigation process. This is why it's crucial to talk to a reputable lawyer in the event of a car pittston accident lawyer as soon as possible so that they can begin an investigation while vital evidence is still in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's best to seek legal advice from a professional. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court. This document will outline your specific claims as well as the amount you'd like to recover in damages. The document is usually written by your lawyer and filed with the court and then served on the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can take a considerable duration and both teams will have to look over a variety of documents including police reports and witness statements. They might also need to examine medical records as well as bills and other documents. Each side may ask for interrogatories, which are a series of questions that the other party must answer under oath within a set timeframe.

In this phase, your lawyer will also collaborate with medical professionals to obtain the full picture of your injuries and the impact that they've caused on your life. Your lawyer will estimate the total damages. This includes future and past medical expenses including lost wages, suffering and pain, and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at the fault. This will most likely occur following the conclusion of the discovery process and prior to trial. If the insurance company does not agree to a fair settlement or if the damages are substantial and not covered by insurance, you may need to go to trial. A judge or jury will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is the most crucial step 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 ask for copies of documents to prove your case. These include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you missed due to the accident) photographs of your vehicle and any damages or injuries and financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

The written discovery tools are exchanged back and forth between the attorneys from both sides. They provide the opposing party an opportunity to reply to questions in writing, which have to be sworn to in oath and to provide copies of certain documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident and anyone with information on your injuries or damage that could be crucial to your case. During a deposition attorney representing the at-fault party will ask you an array of questions and your responses will be recorded on video or transcribing by a court reporter.

The goal of these pre-trial investigation procedures is to allow your lawyer to present an effective and convincing argument to the party at fault and their insurance company so that you can secure a full and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case, but most do so during or after the investigation process, which is typically done prior to trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court If you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, Vimeo your case could go to trial. A trial is an official proceeding in which both parties are required to argue their case and provide evidence before a factfinder who will make an decision on how to resolve the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence, such as photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You can also testify regarding your memory of the incident, and how it affected your life. Expert witnesses will also provide evidence to back up your claims. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of specific evidence.

The jury will decide at trial whether 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 looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you will be awarded. This is a thorny issue due to the severity of your injuries and the severity of your losses. Your lawyer will provide evidence including expert testimony about the severity of injuries that resulted in loss of income and earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Every state has a 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 is not able to negotiate a settlement with the insurer, you could be required to bring a lawsuit to court. It's costly and time-consuming, however it is often required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where each side exchanges information with the other). Your lawyer will also file legal documents, referred to as motions that ask the court to consider excluding certain types of evidence in trial. Settlement negotiations can go on throughout the entire process, and a lot of civil disputes arising from car accidents end before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is strong and that you'll be willing to go to trial. Additionally settlement is quicker and less risky than a trial.

It is vital to understand the extent of your injuries prior to agreeing to the settlement. You must have completed all medical treatment. You may not receive additional compensation if you accept a settlement until your doctor has confirmed that you have achieved the point of maximum improvement. Also, you should not sign a settlement agreement before you have spoken with your lawyer regarding your damages. Your lawyer will ensure you don't lose out on the valuable compensation. They will carefully examine your medical records as well as other documents to make sure that you receive the entire amount of damages to which you are entitled.