The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if the insurance company refuses to provide you with the amount you need to cover your injuries. This will outline all your financial losses like medical bills and lost wages, and non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a lawsuit involving a car Del City Accident Lawsuit the proof of 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 documents including photographs, witness statements as well as official reports such as police reports.

Photographs of the scene of the accident could assist your attorney in determining what actually transpired during the collision, including the positions of both cars after impact, skid marks, road debris, and other physical evidence. Record the names and contact information of any witnesses who were present to witness what transpired. Witnesses who testify to corroborate your version of the events is essential particularly since it can be common for drivers to have conflicting stories of what happened. This results in insurance companies refusing to accept the claim, or even deny any responsibility at all.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. These documents could include receipts, bills and lab results, diagnose reports, discharge guidelines and other documents. You should seek these records as soon as possible and ensure that you provide copies to your medical professionals.

Depositions are another form of evidence that your attorney may make use of. This is an out-of the court testimony that is under oath. It is then translated by a court reporter. Your lawyer can use this evidence to prove your injuries have an obvious, predicable connection to the accident. This is a good argument to support the need for compensation. The majority of the evidence mentioned above is available at the scene of the accident or within a short time however some evidence may not be available until later in the legal process. This is why it's important to contact a reputable car accident lawyer as quickly as possible, so that they can begin investigating while vital evidence is still in its purest 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 an experienced. A car accident lawyer can give you the experience to maximize your compensation.

The first step is filing a complaint with the court. It will describe your specific claims and the amount you wish to recover in damages. This type of document is typically drafted by an attorney and then filed in court. It is also served on the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a long time, and both teams will need to review a lot of documents like police reports and witness statements. They might also need to look at medical records and bills as well as other documents. Each side can request interrogatories. These are a series questions that the other side must answer under oath within the timeframe specified.

In this phase, your lawyer will also work closely with medical professionals to obtain a full picture of your injuries as well as the impact they've had on your life. Your lawyer will then calculate the total damages you have suffered, which will include the past and future medical costs as well as lost earnings, suffering and pain, and more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at fault. This is more likely to happen following discovery and prior to trial. If the insurance company is unwilling to offer an acceptable settlement, or if the damages are important and not covered by insurance, then you may be required to appear in court. A jury or judge will make a decision on the case based on all the evidence presented.

3. Discovery

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

These tools for discovery are shared between attorneys on both sides. Written discovery tools allow the opposing party a chance to answer questions in writing that must be answered under oath. They also ask you to provide copies of other information that could be useful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision, as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition, the lawyer representing the party at fault will ask you several questions, and your answers will be recorded on video, or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to enable your lawyer to present an argument that is persuasive and strong to the responsible party and their insurer in order that you can secure an adequate and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case however the majority of cases occur during or after the investigation process, which is typically completed before the trial.

4. Trial

The majority of car accidents settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, your case may be heard in a trial. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder, who issues a decision that settles the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will present your version of events in opening statements to the jury along with any supporting evidence you may have, such as photos or video of the accident scene, testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You can also give your testimony about your memories of the incident and how it has had an impact on your life. Expert witnesses can also offer evidence to back up your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.

At trial, the jury will determine if 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 will spend hours studying. Proximate cause examines 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. It is also a complicated issue because it is contingent on the extent of your injuries and the degree to which you've suffered. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, your lost income and future earnings potential as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations, where you have to settle your claim or file a lawsuit. If your lawyer is unable to negotiate a settlement with your insurer, you may have to bring a lawsuit to court. It can be time-consuming and expensive, yet it is usually necessary to pursue 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 will attend hearings. Your lawyer will also file legal documents known as motions asking the court for specific things such as the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue throughout the entire process, and many civil disputes arising from car accidents end before a trial has to be held.

If they feel that your injury claim is solid and you are willing to go to trial the insurance company will offer a fair settlement offer. Settlements are quicker and less risky than a court trial.

It is essential to understand your injuries prior to the settlement. You must have completed all medical treatment. If you accept a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) it is possible to not receive additional compensation. Also, you should not sign a settlement agreement before you've spoken with your lawyer about the damages. Your attorney will ensure that you do not miss out on valuable compensation. They will scrutinize your medical records, as well as other documents to ensure that you are entitled to all damages that you are entitled to.