The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if the insurance company refuses to provide you with the amount you need for your injuries. The letter will list all of your economic damages like medical expenses and lost wages as and non-economic losses like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving an automobile accident the proof of negligence is essential to obtaining compensation for your 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 happened in the collision, including the location of both vehicles after impact, skid marks road debris and other physical evidence. Take down the names and contact details of any eyewitnesses that witnessed the events. Witnesses who testify that confirm your account of the events is essential as it could be common for drivers to give contradicting reports of what happened, which results in insurance companies refusing to accept the claim or denying any responsibility at all.

Medical records can also be used by your lawyer to establish the severity of your injuries. These records could include receipts, bills laboratory results, diagnosis reports, discharge guidelines and other records. You should obtain these documents as soon as you can, and make sure to send copies to your healthcare providers.

A deposition is a different type of evidence that your attorney could make use of. It is an out-of court testimony under oath. It is then transcribing by a Court Reporter. Your lawyer may make use of the testimony to prove the fact that your injuries had an immediate and clear connection to the laurens accident lawsuit and can be used to justify compensation for your damages. Most of the evidence mentioned above is available at the scene of the accident or shortly afterwards however some evidence may not be available until later in the litigation. It's crucial to speak with an attorney for car accidents with the right credentials immediately to begin an investigation while the evidence is still in its most pure form.

2. The process of filing a complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from a professional. A lawyer from a car accident can provide you with the expertise to maximize your compensation.

The first step is filing an application with the court. This will outline your specific claims as well as the amount you want to recover in damages. The document is usually written 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 claims and defenses. The process can take a long time and requires both teams to examine a variety of documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side is able to request interrogatories. They are a set of questions which the other side has to answer under oath in the specified timeframe.

In this phase the lawyer will collaborate with doctors to ensure that they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your lawyer will calculate your total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer could 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 provide a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, the case may go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that could assist or derail your claim. Your attorney will request copies of documents to support your claim. This includes police reports as well as medical bills and work loss records from your employer (showing the amount of time you missed due to the accident) photographs of your vehicle and any damages or injuries and other financial details. Your attorney will also make use of documents for discovery in writing, such as interrogatories or requests for production as well as requests for admissions in order to question witnesses and parties who are not present in the case.

These written discovery tools are sent back and forth between attorneys of both sides. The written discovery tools give the other side an opportunity to answer questions in writing that need to be answered under oath and to provide copies or other information that could be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the collision and also anyone who has information about your injuries or damages that could be pertinent to your case. In a deposition, the lawyer for the person who is at fault will ask you a series of questions, and your answers will be recorded on video, or transcribed by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer construct a compelling case against the at-fault person and their insurer in order to obtain a fair settlement for all of your injuries and losses, costs and expenses. While there is no assurance that all cases will settle however, the majority settles either during or after the discovery process, which can often be completed before your case is brought to trial.

4. Trial

While the vast majority of car accidents settle through negotiations outside of court however, if you and your insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case could be heard in a trial. A trial is an official process where both parties are required to present arguments and evidence before a factfinder who will make an decision on how to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify regarding your memory of the incident and how it impacted your life. Expert witnesses can also provide testimony to support your claims. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's injuries was caused by the defendant's negligence. They will consider proximate cause which is a complex legal concept that lawyers spend many hours studying during law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is another complicated issue because it is contingent on how severe your injuries are and the severity of your losses. Your lawyer will present evidence that includes expert testimony from a witness regarding the severity of your injuries, your loss of income and future earnings potential and your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might require filing a car Dickson city accident attorney lawsuit in court. It's costly and time-consuming, but it is often necessary to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which both sides exchange information with the other). Your lawyer will also file legal documents, referred to as motions asking the court to consider the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue during this process. Many car accident civil disputes are resolved before a trial is necessary.

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

It is crucial to be aware of your injuries prior to an agreement. It is also important to have completed all medical treatments. If you accept a settlement before your doctor has determined you have reached your maximum medical improvement (MMI), you could not receive additional compensation. It is also important not to sign a settlement agreement before you have spoken with your lawyer about your damages. Your lawyer will ensure you do not get a poor deal on compensation. They will carefully review your medical records and other documents to make sure that you receive the full amount of damages for which you are entitled.