The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company is unable to pay the amount you need for your injuries. The letter will outline all of your economic damages such as medical expenses and lost wages as and non-economic losses like discomfort and pain.

Then a judge or jury will decide. If they rule in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Gathering evidence is one of the initial steps in the process of litigation, and it involves gathering evidence, documents including photographs, witness statements as well as official reports like police reports.

Photographs of the scene of the accident may help your attorney establish what happened during the collision, including the location of both cars following the collision, skid marks, road debris and other evidence that is physical. Also, note the names and contact numbers of any witnesses who witnessed what happened. Witnesses that testify to support your version of what transpired is vital particularly since it can be common for drivers to have contradictory stories of what happened. This can lead to insurance companies refusing to accept the claim, or even deny responsibility completely.

Medical records can also be used by your lawyer to establish the severity of your injuries. These documents may include receipts, bills, lab results, diagnosis reports, discharge instructions, and other documentation. It is important to obtain these records as soon as you can and give copies to your healthcare professionals.

A deposition is a different type of evidence your lawyer may utilize. It's an out-of court testimony under oath and later transcribed by a Court Reporter. Your lawyer can make use of the testimony to prove that your injuries have had a direct and foreseeable connection to the accident which can help justify compensation for your damages. While most of the above-mentioned types of evidence are gathered at the georgetown accident attorney scene or shortly thereafter, some of it might not be available until later in the litigation process. This is the reason it's essential to speak with a well-credentialed car accident lawyer as quickly as possible so that they can begin the investigation while vital evidence is still in its most pure form.

2. Filing a Complaint

Once the dust has settled and you have tended to your injuries, it's the time to seek professional legal advice. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in the court, describing the specific claims that you are making and the amount you're seeking in damages. This document is typically drafted by your attorney, and then filed with the court and served to the defendant.

This also initiates the discovery phase which allows both sides to exchange information and documents related to their claims and defenses. The process can take a considerable time and both teams may need to review a lot of documents, including police reports and witness statements. They might also have to examine medical records, bills, and other documents. Each side can demand interrogatories. They are a set of questions that each party must answer under oath within a set timeframe.

Throughout this process your lawyer will collaborate with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they've affected your daily routine. Your lawyer will then estimate the total damages you have suffered that include the past and future medical costs loss of earnings, pain and suffering and much more.

Sometimes, your lawyer might be able to reach an agreement with the at-fault driver's insurance company. This is most likely to be the case following the completion of discovery and before trial. If the insurance company refuses to provide a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, the case may go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident the attorney representing you and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents that support your case, such as medical bills, police reports, work loss records (e.g., from your employer that outlines how long you missed work because of the accident) photographs of your vehicle as well as any injuries or damage as well as other financial information. Your attorney may also use written discovery tools such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These tools for discovery in writing are sent back and forth between the attorneys for both sides. They give the opposing party a chance to respond to questions in writing, which need 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 havre de Grace Accident lawyer attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages which could be crucial to your case. During a deposition, your lawyer representing the at-fault party will ask you questions, and your answers will either be recorded on video by an official court reporter or recorded.

The pretrial investigation process is designed to help your lawyer develop a convincing argument against the person at fault and their insurer in order to negotiate an equitable settlement for all your losses, injuries, expenses and losses. While there is no assurance that all cases will settle however, the majority settles at the end of or following the discovery process, which can often be completed before the case is brought to trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations however, if you and your insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder who makes a ruling which settles the dispute. In personal injury cases the factfinder usually a jury.

During the trial, your lawyer will present your version of events in your opening statements to the jury, as well as any other evidence that you have, like images or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents like medical bills and police reports. You may also offer your testimony about your memories of the incident and how it has affected your life. Expert witnesses can also provide testimony to support your assertions. The defendant's attorney can 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 defendant's negligence. They will be looking at the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a more complicated matter, as it depends on the severity of your injuries and the extent of your losses. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, the loss of income, as well as future earnings potential, as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a legal deadline, known as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer is not able to reach a settlement with the insurer, you might have to make a court filing. It's costly and time-consuming, however it is often necessary to get compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for things like not allowing certain types of evidence during trial. Settlement negotiations can continue throughout the process, and most 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 your injury claim is strong and that you are willing to go to trial. In addition, settlement is quicker and less risky for them than a trial.

Before settling on the settlement, it's crucial to fully comprehend the extent of your injuries and that you have completed all medical treatment. If you accept a settlement before your doctor has determined you have reached your maximum medical improvement (MMI), you could miss out on additional compensation. Additionally, you should not sign an agreement until you have talked to your lawyer and received an accurate understanding of your losses. Your lawyer will ensure you don't be denied compensation that is valuable. They will scrutinize your medical records, and other documentation, to ensure that you receive all compensation you're entitled to.