The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need to cover your injuries, our determined lawyers will draft an official demand letter. This will include all of your economic damages including medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.

Then a jury or judge will then make a decision. If they decide in your favor, they will give you damages and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident it is essential to prove negligence to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the taneytown accident Attorney could assist your attorney in determining what actually transpired in the collision, including the location of both vehicles after collision, skid marks, road debris and other evidence that is physical. Take down the names and phone numbers of any witnesses who saw what transpired. Witnesses who testify that confirm your version of what happened is crucial as it could be common for drivers to have conflicting versions of what transpired, which can lead to insurance companies refusing to accept the claim or deny responsibility altogether.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. These records could include receipts, bills, lab results, diagnosis reports, discharge directions and other forms of documentation. It is important to obtain these records as quickly as you can and give copies to your healthcare providers.

Depositions are another form of evidence that your attorney might make use of. It is a non-in court testimony given under oath, which is then transcribing by a Court Reporter. The lawyer can make use of the testimony to prove that your injuries have an immediate and predicable connection to the accident and, therefore, can justify the need for compensation for your losses. Although the majority of the above kinds of evidence can be taken at the scene of the accident or shortly afterward but some of the evidence might not be accessible until later in the litigation process. It's important to contact an attorney for car accidents with the right credentials as soon as you can to start an investigation while the evidence is in its most pure form.

2. Filing a Complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek legal advice from a professional. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you are making and the amount of money you are seeking in damages. The complaint is typically written by your attorney, and then filed with the court and served on the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. The process can take a considerable time, and both teams will require a thorough review of documents, including police reports and witness statements. They might also have to review medical documents, bills, and other documents. Each side may request interrogatories, which are a series of questions the other party must answer under oath by a predetermined date.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries and the impact they've caused on your life. Your attorney will then calculate your total damages including future and past medical expenses as well as lost earnings, suffering and pain and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This is most likely to occur after the completion of discovery and before trial. However, if the insurance company is unable to offer a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A judge or jury will decide on the case based upon all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. It is the point at which your attorney and negligent insurer of the driver exchange information that could support or hurt your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports as well as work loss records (e.g., from your employer that outlines the amount of time you were absent from work due to the accident) photos of your car and any injuries or damages or other pertinent financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to inquire into parties and witnesses who are not present.

The written discovery tools are distributed back and forth between the attorneys of both sides. They give the opposing party the chance to respond to questions in writing, that must be sworn to under oath, and to supply copies of certain documents or other information that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone with information about your injuries or damages that could be vital to your case. During a deposition, your lawyer representing the at-fault party will ask you questions and your answers are recorded on video by a court reporter or transcribed.

The purpose of these pretrial investigation processes is to assist your lawyer to construct an argument that is persuasive and strong to the party at fault and their insurance company so that you can secure a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case, but the majority of cases will settle during or following the investigation process, which usually concluded prior to the trial.

4. Trial

Although the majority of car niles accident attorney cases are resolved through informal negotiations If you and the insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is a formal proceeding where both parties are required to argue and present evidence to a factfinder who makes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will give your account of the events in your opening statements to the jury together with any evidence that you have, like pictures or videos of accident scene, witness testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also testify about your memory of the incident, and how it affected your life. Expert witnesses can also offer testimony to support your claims. The defendant's lawyer can cross-examine witnesses and object to admissibility of some evidence.

At trial, the jury will determine if the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate causes considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. This is a complicated issue due to how severe your injuries are and the extent of your losses. Your attorney will provide evidence, including expert testimony, regarding the severity of your injuries, lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations in which you must settle your claim or start a lawsuit. If your lawyer is unable to negotiate a settlement with the insurer, you may have to bring a lawsuit to court. This can be time consuming and costly, but it is usually required to seek compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and be present at hearings. Your attorney will also submit legal documents, referred to as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are settled before trial is required.

If they believe that your claim is legitimate and you are willing to go to trial insurance companies will make an appropriate settlement offer. Settlements are faster and less risky compared to a court trial.

Before agreeing to an agreement, it is crucial to fully comprehend the severity of your injuries and have completed all medical treatments. You could be denied additional compensation if settling the settlement before your doctor has confirmed that you have achieved the level of medical improvement that is the highest. Don't sign a release until you've spoken with your lawyer and gained a complete understanding of your damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will look over your medical records and other documentation, to ensure that you are entitled to all the damages for which you qualify.