The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if an insurance company refuses to pay you the amount you're entitled to for your injuries. It will detail all your financial damages including medical expenses and lost wages, and non-economic damages, like pain and suffering.

A judge or jury will then make a decision. If they rule to your advantage you will be awarded damages, and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is crucial in obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports, including police reports and other official reports.

Your attorney may be able to establish the circumstances of the hampton accident lawsuit by taking pictures of the scene, which include skid marks road debris, skid marks and other physical evidence. Take down the names and contact information of any eyewitnesses that witnessed what transpired. It is essential that witnesses confirm the events occurred, as it can often be the case that drivers provide contradictory accounts that lead to insurance companies refusing or denial of responsibility.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. These records could include bills, receipts, lab results, diagnosis reports, discharge instructions and other forms of documentation. You should seek these documents as soon as you can and give copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney might employ. It is a non-in court testimony given under oath and later transcribed by a Court Reporter. Your lawyer may use this evidence to prove your injuries have an immediate, obvious connection to the accident. This can be used to justify requesting compensation. Although the majority of the above kinds of evidence can be taken at the scene of the accident or shortly thereafter however, some evidence may not be available 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 you can so that they can begin investigating while the crucial evidence is in its purest form.

2. Making a complaint

When the dust has cleared and you have tended to your injuries, it's time to seek out legal counsel from an expert. A lawyer for car accidents will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims you're making and the amount of money you are seeking in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.

The discovery phase starts and allows both parties to exchange information regarding their claims and defenses. The process can take a long time and requires both parties to review many documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side can request interrogatories. These are a set of questions which the other side must answer under oath in the specified timeframe.

Throughout this stage the lawyer will work with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they have had on your daily life. Your lawyer will then calculate your total damages, which will include past and future medical expenses, lost earnings, suffering and pain and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the at fault driver's insurance company. This will most likely take place after the completion of discovery, but before trial. If the insurance company doesn't agree to a fair settlement, or if your damages are substantial and not covered by insurance, then you might be required to go to trial. A jury or judge will decide on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car highwood accident attorney, where your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will ask for copies of documents that support your case, including medical bills, police reports as well as work loss records (e.g. an email from your employer indicating the amount of time you were absent from work due to the accident) photos of your vehicle and any injuries or damage, and other relevant financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These written discovery tools are shared between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, which must be sworn to under oath, and to supply copies of certain documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the collision and also any person who has information about your injuries or damages that could be important to your case. During a deposition at-fault party's lawyer will ask you an array of questions and your responses will be recorded on video or transcribing by a court reporter.

These pretrial investigation processes are designed to assist your lawyer develop a convincing argument against the person at fault and their insurer to negotiate a fair settlement for all of your damages, expenses and losses. Although there is no guarantee that every case will settle however, the majority settles in the course of or following the discovery process, which can often be completed before the trial.

4. Trial

Trials can be arranged in situations where you and the insurance company disagree on fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder who makes a decision that settles the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will give your account of the events in opening statements to the jury, and any supporting evidence you may have, such as photographs or videos of the West Sacramento accident Law Firm scene, testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also give your testimony regarding your recollection of the incident and how it has impacted your life. Expert witnesses can also testify to back your assertions. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

At trial, the jury will decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will examine the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you are entitled to. This is a complicated issue due to the severity of your injuries and the severity of your losses. Your lawyer will present evidence, including expert testimony, regarding the severity of injuries loss of income, future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Each state has a deadline that you must meet to resolve your claim or file an action. This is referred to as the statute of limitations. If your lawyer cannot negotiate a settlement with your insurer, you may have to make a court filing. It can be lengthy and expensive, yet it is often required to seek compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents known as motions asking the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can go on throughout the process, and most car accident civil disputes end before a trial can be held.

If they believe that your claim is solid and that you are willing to go to trial insurance companies will make an appropriate settlement offer. Additionally, the settlement process is more efficient and less risky for them than a trial.

It is essential to fully comprehend your injuries before you agree to an agreement. You should also have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has determined that you have attained the maximum level of improvement in your medical condition. Also, you should not sign a release until you have had a conversation with your lawyer and received full understanding of your losses. Your lawyer will make sure that you do not get a poor deal on compensation. They will carefully review your medical records and other documents to ensure that you receive the entire amount of damages to which you are eligible.