The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need for your injuries, our hard-working lawyers will draft an official demand letter. This letter will detail all of your financial damages like medical expenses and lost wages as and non-economic losses such as discomfort and pain.

Then, a judge or jury will take a call. If they rule in your favor, they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is essential to receive compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident may assist your attorney in determining what actually happened in the accident, including the position of both cars following the collision, skid marks, road debris, and other physical evidence. Also, note the names and contact information of any eyewitnesses who saw what happened. Witnesses that testify to support your version of what happened is crucial, especially since it can be common for drivers to have conflicting accounts of what happened that can lead to insurance companies refusing to accept the claim, or even deny responsibility altogether.

Other evidence that your lawyer may use include medical records, which can include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should get these documents as soon as is possible and be sure to send copies to your healthcare providers.

A deposition is yet another type of evidence your lawyer could make use of. It is a non-in the court testimony that is under oath, and then recorded by a Court Reporter. Your lawyer can use the testimony to establish the fact that your injuries had an immediate and obvious connection to the crash and can be used to justify the compensation you deserve for your damages. Most of the evidence mentioned above can be collected at the site of the crash or shortly after however, some might not be available until much later in the litigation. This is why it's vital to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin an investigation while the crucial evidence is in its purest form.

2. Filing a Complaint

Once the dust has settled and you have tended to your injuries, it's time to seek out legal counsel from an expert. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is filing a complaint with the court. The complaint will detail your specific claims and the amount you want to recover in damages. This document is usually drafted by an attorney, and filed in court. It will also be served on the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a considerable duration and both teams will have to look over a variety of documents including police reports and witness statements. They might also need to review medical records or bills, as well as other documents. Each side can request interrogatories. They are a set of questions that the other side must answer under oath in the specified timeframe.

During this stage, you lawyer will also collaborate with doctors to get the full picture of your injuries as well as the impact that they've had on your life. Your attorney will then calculate your total damages that will include the past and future medical costs loss of earnings, suffering and pain, and more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This will most likely occur after the completion of discovery, but before trial. If the insurance company is unwilling to offer a fair settlement, or if the damage is substantial and not covered by insurance, then you may need to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is an important phase in any car oviedo accident attorney case. This is where your attorney and negligent insurer of the driver exchange information that could help or hurt your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports as well as work loss records (e.g. the records from your employer which reveals how much time you missed work because of the accident), photographs of your car and any damage or injuries or other pertinent financial information. Your lawyer will also make use of written discovery tools like interrogatories and requests for production, as well as requests for admissions to interview witnesses and other parties who aren't present in the case.

These written discovery tools are circulated back and forth between the attorneys for both sides. They provide the opposing party the chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision and anyone with information regarding your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the party 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 assist your lawyer create a compelling argument against the person at fault and their insurance company in order to secure an equitable settlement for all your losses, injuries and losses, costs and Vimeo.Com expenses. Although there is no guarantee that all cases settle, the majority do during or after the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

The 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 a formal proceeding in which both sides are required to argue their case and provide evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any evidence supporting it like photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also offer testimony regarding your memories of the incident and how it has changed your life. Expert witnesses can also give testimony to support your assertions. The attorney for the defendant can interrogate witnesses and contest the admissibility of certain evidence.

At trial, the jury must decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate cause an intricate legal concept that lawyers have to spend many hours studying in law school. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It's also a complicated issue due to the severity of your injuries and the amount to which you've suffered. Your attorney will present your evidence that includes expert testimony from a witness regarding the severity of your injuries, your lost income, as well as future earnings potential in addition to your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations where you have to settle your claim or file a lawsuit. If your lawyer can't negotiate a settlement with the insurer, you might have to make a court filing. It can be costly and time-consuming, but this is often necessary to seek compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and also attend hearings. Your attorney will also prepare legal documents, also known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can go on throughout this process, and a lot of car benson accident lawsuit civil disputes end before a trial is required to be held.

If they believe that your claim is legitimate and you are willing to go to trial, insurance companies will make a fair settlement offer. The settlement process is also faster and less risky than a court trial.

Before you agree to an agreement, it is important to understand the severity of your injuries and completed all medical treatments. You may not receive additional compensation if settling an offer of settlement until your doctor has determined that you have attained the maximum medical improvement. Don't sign a release until you've talked to your lawyer and have full understanding of your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully review your medical records and other documentation to ensure that you receive the entire amount of damages for which you are eligible.