The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if an insurance company refuses to pay the amount you require for your injuries. This letter will detail all of your economic losses such as medical costs and lost wages, as and non-economic losses like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is key to obtaining compensation for your injuries and losses. 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.

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 following the impact, skid marks road debris, and other physical evidence. Note down the names and contact numbers of any witnesses who saw what transpired. Witnesses that testify to support your version of the events is essential particularly since it can be common for drivers to have contradictory stories of what happened. This results in insurance companies refusing to accept the claim or denying any responsibility at all.

Other evidence that your lawyer could use include medical records, which may include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. It is important to obtain these documents as soon as is possible, and make sure to provide copies to your healthcare providers.

Another form of evidence your lawyer could utilize is a deposition, which is an out-of court testimony delivered under oath and transcribed by a court reporter. The lawyer can use this testimony to establish your injuries had an immediate, obvious connection to the accident. This will help justify requesting compensation. While the majority of these kinds of evidence can be obtained at the scene or soon afterward, some of it might not be accessible until later in the litigation process. This is why it's important to talk to a reputable lawyer in the event of a car accident as soon as possible so that they can begin an investigation as evidence is in its purest form.

2. Making a Complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek expert legal advice. A lawyer for car accidents can give you the experience to maximize your compensation.

The first step is to file a complaint with the court. It will describe your specific claims as well as the amount of money you'd like to claim in damages. This document is typically drafted by your attorney, and then filed with the court and then served on the defendant.

The discovery phase starts, allowing both parties to exchange information regarding their claims and defenses. The process can take a long time and requires both sides to go through a myriad of documents including police reports, witness statements medical records, invoices and more. Both sides can request interrogatories. These are a series questions that the other side must answer under oath in the specified timeframe.

In this stage your lawyer will collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they've had on your daily life. Your attorney will then calculate your total damages, which will include the past and future medical costs and lost earnings, as well as suffering and pain and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. It is likely to be the case following the completion of discovery, but before trial. However, if the insurance company is unable to provide a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, your case could go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is an essential step in any car pittsburg accident attorney lawsuit, where your attorney and the insurance company exchange information that could assist or derail your claim. Your attorney will ask for copies of documents that support your case, including police reports, medical bills or work-related loss records (e.g. the records from your employer indicating how much time you missed work due to the taylor mill accident law firm) photos of your vehicle, any damage or injuries and other financial information. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to question witnesses and other parties who are not present.

The written discovery tools are exchanged back and forth between attorneys from both sides. The tools for writing discovery give the other side an opportunity to respond to questions in writing that need to be sworn to under oath, and to provide copies or other information that may be useful to you.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about your injuries or damages that could be essential to your case. During a deposition lawyer representing the party at fault will ask you various questions, Vimeo.Com and your responses will be recorded on video or transcribed by a court reporter.

These pre-trial investigation procedures are designed to assist your lawyer build a compelling case against the responsible party and their insurer in order to obtain an equitable settlement for all your injuries as well as losses, expenses and costs. There is no guarantee of a settlement in each case however the majority of them do so after or during the investigation process, which is typically completed before the trial.

4. Trial

Although the majority of car accidents are resolved through informal negotiations, if you and the insurance company are not in agreement about who is to blame or the amount of compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder who makes a ruling that resolves the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will be able to give your account of the events in your opening statements to the jury, as well as any other evidence you have, such as pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as medical bills and police reports. You can also testify about your memories of the incident and how it affected your life. Expert witnesses can also offer evidence to back up your claims. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of specific evidence.

At trial, the jury has to determine if the plaintiff's injuries were caused by the negligence of the defendant. They will be looking at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you are entitled to. It is also a complicated issue due to the extent of your injuries and the amount to which you've suffered. Your lawyer will present your evidence that includes expert witness testimony regarding the severity of your injuries, the loss of income, and future earnings potential in addition to your pain and suffering disfigurement, impairment, and.

5. Settlement

Every state has a legal deadline, known as the statute of limitations that you must meet to settle your claim or bring a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in the court. It's costly and time-consuming. However, it is often necessary to get compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and also attend hearings. Your attorney will also make legal filings, also known as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are settled prior to a trial.

If they believe your injury claim is valid and you are willing to go to trial insurance companies will make an honest settlement offer. In addition the settlement process is faster and less risky for them than a trial.

Before you agree to an agreement, it is important that you fully understand the extent of your injuries and have completed all medical treatment. If you settle before your doctor determines that you have reached the maximum medical improvement (MMI), you could miss out on additional compensation. Don't sign the release until you've spoken with your lawyer and gained full understanding of your damages. Your lawyer will ensure you do not be denied compensation that is valuable. They will carefully review your medical records and other documents to ensure that you receive the entire amount of damages for which you are eligible.