The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount of money you need for your injuries, our tenacious lawyers will draft an official demand letter. This letter will provide a detailed description of your financial damages such as medical expenses, lost wages, as well as non-economic damages like discomfort and pain.

Then a judge or jury will decide. If they decide in your favor they will award you damages and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit involving a car geneseo accident law firm, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports including police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what happened during the crash, including the position of both cars following the impact, skid marks road debris, and other physical evidence. Take down the names and phone numbers of any eyewitnesses that witnessed what transpired. It is essential that witnesses corroborate the events that took place, since it can often be the case that drivers will give contradictory information that can lead to insurance companies refusing or denying the responsibility.

Medical records can also be used by your lawyer in order to prove the extent of your injury. They could include bills, receipts, lab results, diagnosis reports, discharge directions and other records. You should seek these records as soon as possible and send copies to your healthcare providers.

A deposition is a different type of evidence that your attorney may use. It is an out-of court testimony under oath and later transcribed by a Court Reporter. Your lawyer could use this testimony to establish your injuries have a clear, identifiable connection to the altoona accident lawyer. This will help justify requesting compensation. Most of the evidence discussed above can be gathered at the site of the accident or soon after, but some may not be available until later in the litigation. It is crucial to contact an attorney in the case of a car crash with the appropriate credentials immediately so they can begin an investigation while the evidence is still in its most pure form.

2. The process of filing a complaint

When the dust has cleared and you've taken care of your injuries, it's time to seek out legal counsel from an expert. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in court, which outlines the specific claims you're making and how much money you're seeking in damages. The document is usually written by your attorney, and then filed with the court and served to the defendant.

This also begins the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can be very long and requires both teams to examine a variety of documents, including police reports witnesses' statements, police reports medical records, invoices and more. Each side may request interrogatories. They are a set of questions that the other side has to answer under oath in an agreed upon timeframe.

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

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver who is at fault. This is more likely after discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, your case may move forward to trial. A jury or judge will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident, where your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request documents that can support your case, such as police reports, medical bills and work loss records (e.g., from your employer which reveals the amount of time you were absent from work because of the accident) photographs of your vehicle as well as any injuries or damage and other financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into parties and witnesses who are not present.

These tools for discovery in writing are exchanged back and forth between the attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, which must be answered under oath, and to supply copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the collision as well as anyone who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer representing the at-fault party will ask you questions and your responses will either be recorded on video by a court reporter or transcribed.

These pretrial investigation procedures are designed to assist your lawyer construct a compelling case against the person who is at fault and their insurer to get a fair settlement for all your losses, injuries, expenses and losses. While there is no guarantee that every case will settle however, the majority settles either during or after the discovery process, which is often be completed before your case is brought to trial.

4. Trial

The majority of car accident cases settle through negotiations outside of court however, if you and your insurance company are not in agreement about who is to blame 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 procedure where both sides submit arguments and evidence to a factfinder who makes a decision that settles the dispute. In personal injury cases the factfinder 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, such as photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You can also provide testimony regarding your memory of the incident and how it changed your life. Expert witnesses are also able to testify in support of your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of evidence.

The jury will decide in the trial if the plaintiff's injury was caused by the defendant's negligent conduct. They will look at proximate causes, a complex legal concept that law school students spend hours studying. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. It is also a complicated matter because it is based on the extent of your injuries and the amount to which you've suffered. Your lawyer will present evidence which includes expert witness testimony on the severity of your injuries, the loss of income, as well as future earnings potential, as well as your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Each state has a specific deadline to settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer is not able to negotiate a settlement with the insurer, you might have to start a lawsuit in the courtroom. This could be a lengthy process and expensive, but it is usually necessary to pursue compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where both sides exchange information with each other). Your lawyer will also file legal documents, referred to as motions to ask the court for specific things such as excluding certain types of evidence during trial. Settlement negotiations can be ongoing throughout the process, and a lot of civil disputes in car accidents settle before a trial has to be held.

If they believe your injury claim is solid and that you are willing to go to trial Insurance companies will offer an acceptable settlement offer. In addition the settlement process is quicker and less risky for them than a trial.

It is crucial to be aware of your injuries prior to the settlement. You must have completed all medical treatment. You could lose out on additional compensation if you agree to the settlement until your physician has confirmed that you have achieved the maximum medical improvement. Also, you should not sign a release before you have spoken to your lawyer regarding your damages. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the entire amount of damages for which you are entitled.