The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need for your injuries, our persistent attorneys will prepare an official demand letter. This letter will detail all of your financial losses such as medical expenses, lost wages as and non-economic losses such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving an automobile asheville accident attorney it is essential to prove negligence to obtaining compensation for your injuries. Collecting evidence is one the first steps in the process of litigation, and it involves gathering documents including photographs, witness statements as well as official reports like police reports.

Your lawyer might be able to determine what happened during the incident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and phone numbers of any witnesses who witnessed what transpired. Witnesses that testify to support your version of events is important as it could be common for drivers to have conflicting reports of what happened, which can lead to insurance companies refusing to accept the claim, or even deny any responsibility at all.

Other evidence that your lawyer could utilize include medical records, which could include bills, receipts diagnose reports, lab results, discharge guidelines, and other documents that show the severity of your injuries. You should obtain these documents as soon as you can, and make sure to give copies to your healthcare professionals.

Depositions are another form of evidence that your attorney could use. It is an out-of court testimony under oath. It is then translated by a court reporter. Your lawyer may use the testimony to prove that your injuries have had an immediate and predicable connection to the accident which can help justify compensation for your injuries. Most of the evidence discussed above can be obtained at the scene of the crash or shortly after but some of it may not be available until much later in the legal process. It's crucial to speak with a car accident lawyer with the right credentials as soon as you can to begin an inquiry when the evidence is in its purest form.

2. The process of filing a complaint

After the dust has settled and you have tended to 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 an application with the court. This will outline your specific claims as well as the amount you'd like to recover in damages. The document is usually drafted by your lawyer and filed with the court and then served on the defendant.

The discovery phase begins and allows both parties to exchange information about their claims and defenses. The process can be long and requires both sides to go through a myriad of documents including police reports as well as witness statements, medical records, bills and much more. Each side may demand interrogatories. They are a set of questions which the other party must answer under oath within a specified time frame.

During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries as well as the impact they've caused on your life. Your attorney will then calculate your total damages including the past and future medical costs as well as lost earnings, suffering and pain, and more.

Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company refuses an acceptable settlement, or if your damages are significant and are not covered by insurance, you may be required to go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and the negligent insurer of the driver share information that could either support or damage your claim. Your attorney will ask for copies of documents to support your claim. These include police reports, medical bills and work loss documents from your employer (showing the length of time you were absent due to the accident) photos of your vehicle damaged or injured and other financial details. Your attorney will also use written discovery tools such as interrogatories or requests for production as well as requests for admissions to question witnesses and parties who aren't present in the case.

These tools for discovery in writing are circulated back and forth between the attorneys from both sides. The written discovery tools give the opposing side an opportunity to answer questions in writing, which must be answered under oath. It also allows you to provide copies or other information which could be helpful to you.

Your Long Island car accident attorney will also depose witnesses and any other person with information about your injuries or damages that could be essential to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your answers will either be recorded on video by the court reporter or translated.

The pretrial investigation process is designed to help your lawyer build a compelling case against the at-fault person and their insurer in order to get an equitable settlement for all your losses, injuries and losses, costs and expenses. Although there is no guarantee that all cases will settle, the majority do either during or after the discovery process, which can be completed before the case reaches trial.

4. Trial

The majority of car accidents are resolved through informal negotiations If you and the insurance company aren't in agreement on the cause or how much compensation you are entitled to for your injuries, the case may go to trial. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who makes a ruling that settles the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs 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 may also offer your testimony regarding your memories of the incident and how it has changed your life. Expert witnesses can also offer evidence to support your assertions. The defendant's lawyer can interrogate witnesses and object to admissibility of some evidence.

In a trial, jurors must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate cause, a complicated legal concept that lawyers will spend many hours studying in law school. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you should receive. This is a more complicated matter because it is contingent on the severity of your injuries and the severity of your losses. Your attorney will provide evidence that includes expert testimony about the severity of your injuries loss of income, future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may require filing a car accident lawsuit in the court. It is costly and time-consuming. However, it is often necessary to get compensation.

During this procedure 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 attend hearings. Your lawyer will also file legal documents, known as motions, asking the court to do things such as excluding certain types evidence from trial. Settlement negotiations can be ongoing throughout this process, and a majority of civil disputes arising out of car accidents will end before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you are willing to go to trial. In addition the settlement process is faster and less risky than a trial.

It is important to fully understand your injuries before you agree to an agreement. It is also important to have completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) it is possible to miss out on additional compensation. You should also not sign a release until you have met with your lawyer and gained an accurate understanding of your damages. Your lawyer will ensure that you don't be denied compensation that is valuable. They will carefully review your medical records as well as other documents to make sure that you receive the full amount of damages for that you are eligible.