The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need for your injuries, our persistent lawyers will draft an official demand letter. It will detail all the economic losses you have suffered, such as medical bills and lost wages, and non-economic damages like suffering and pain.

A jury or judge will then come to a decision. If they come to a decision in your favor you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is key to obtaining compensation for your losses and 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.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the collision, including the location of both vehicles after impact, skid marks, road debris and other evidence that is physical. Also, keep track of the names and phone numbers of any witnesses who witnessed what occurred. It is important to have witnesses confirm the events occurred, as it can often happen that drivers offer contradictory stories that lead to insurance companies refusing or denying the liability.

Other types of evidence your lawyer could utilize include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. It is essential to get these records as soon as you can and send copies to your medical professionals.

Another form of evidence your attorney could employ is a deposition which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. The lawyer can use this testimony to establish your injuries have a clear, identifiable connection to the accident. This can be used to justify seeking compensation. While most of the above-mentioned types of evidence can be obtained at the scene or soon afterward, some of it might not be available until later in the litigation process. It is crucial to contact an attorney in the case of a car crash with the right credentials as soon as you can so that they can begin an inquiry while the evidence is in its most pure form.

2. Making a Complaint

When the dust has cleared and you've treated your injuries, it's time to seek professional legal advice. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims that you're bringing and the amount of money you are seeking in damages. This form is usually prepared by an attorney and then filed in court. It is also served to the defendant.

The discovery phase starts by allowing both parties to share information about their defenses and claims. The process can be long and requires both parties to look over a number of documents, including police reports witnesses' statements, police reports, medical records, bills and more. Both sides can request interrogatories. These are a series of questions which the other side has to answer under oath in the specified timeframe.

In this phase, your lawyer will also work with doctors to ensure that they have a complete understanding of the severity of your injuries as well as the impact they have affected your daily routine. Your lawyer will estimate the total damages. This will include any future medical expenses as well as lost wages, pain and suffering and more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you've incurred significant losses that aren't covered by the insurance policy, the case may move forward to trial. A judge or jury will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car carthage accident law firm, where your attorney and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports, work loss records (e.g. the records from your employer indicating how much time you missed work due to the moss point accident lawsuit) photographs of your vehicle as well as any damages or injuries or other pertinent financial information. Your attorney will also use written discovery tools like interrogatories, requests for production and requests for admissions in order to question witnesses and parties who are not in the case.

These discovery tools written in writing are exchanged back and forth between the attorneys from both sides. Written discovery tools allow the opposing side an opportunity to respond to questions in writing that need to be answered under oath and to provide copies of other information that might be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the Hoopeston accident law Firm as well as anyone with information on your injuries or damages that could be important to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your answers will be recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to enable your lawyer to present an argument that is persuasive and strong to the party at fault and their insurer, so that you can secure a fair and complete settlement for your injuries, losses and expenses. While there is no assurance that all cases will settle however, the majority of cases settle during or after the discovery process, which can be completed before the trial.

4. Trial

Trials are a possibility in situations when you and the insurance provider disagree on fault or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the accident scene as well as testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify about your personal memories of the incident and how it affected your life. Expert witnesses will also provide testimony to support your claims. The attorney representing the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's injuries was caused by the defendant's reckless behavior. They will look at the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is another complicated issue, as it depends on the severity of your injuries and the severity of your losses. Your attorney will provide evidence including expert testimony about the severity of injuries as well as lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations, that you must meet to settle your claim or file a lawsuit. If your lawyer is not able to come to a deal with the insurer, you could be required to bring a lawsuit to court. It can be time-consuming and expensive, yet it is often necessary to pursue compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and be present at hearings. Your lawyer will also prepare legal documents, also known as motions, which ask the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are settled before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you'll be willing to take the case to trial. Settlements are more efficient and less risky than the court trial.

It is essential to fully comprehend your injuries prior to the settlement. You must have completed all medical treatments. You could lose out on additional compensation if you accept the settlement before your doctor has concluded that you have reached the maximum medical improvement. You should also not sign a release until you have spoken with your lawyer and received an understanding of all 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 and other documents to ensure that you get the full amount of damages for which you are eligible.