The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay the amount you need to cover your injuries. The letter will outline all of your economic damages such as medical costs and lost wages as in addition to non-economic damages such as pain and discomfort.

Then a jury or judge will decide. If they rule in your favor they will be able to award you damages, and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car 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 photos, documents witness testimony, official reports like police reports and other official reports.

Your attorney may be able to determine what happened during the accident by taking photos of the scene, including skid marks, road debris and other physical evidence. Also, take note of the names and contact numbers of any eyewitnesses who witnessed what transpired. It is essential that witnesses corroborate the events that took place, since it can often be the case that drivers provide contradictory stories that lead to insurance companies refusing or denial of responsibility.

Medical records can also be utilized by your lawyer to prove the severity of your injury. These documents may include bills, receipts and lab results, diagnose reports, discharge guidelines and other documents. You should get these records as soon as you can and give copies to your medical professionals.

A deposition is yet another type of evidence that your attorney might employ. It is an out-of court testimony given under oath. It is then recorded by a Court Reporter. Your lawyer could use the testimony to prove that your injuries have had an immediate and clear connection to the New brighton accident Lawsuit, which helps justify requesting compensation for your injuries. The majority of the evidence listed above can be collected at the site of the lakemoor accident law firm or shortly afterwards, but some may not be available until later in the legal process. This is why it's crucial to contact a reputable car oak park accident lawsuit lawyer as quickly as you can, so they can begin investigating while the crucial evidence is in its most pure form.

2. How to file a complaint

When the dust has cleared and you've taken care of your injuries, it's time to seek professional legal advice. A car accident attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. This will outline your specific claims as well as the amount you wish to recover in damages. This document is usually drafted by an attorney and filed in court. It will also be delivered to the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can take a considerable time and both teams will require a thorough review of documents like police reports and witness statements. They may also have to look at medical records as well as bills and other documents. Each side may ask for interrogatories, which are a series of questions the other party must answer under oath within a set deadline.

In this phase, your lawyer will also work closely with doctors to get a full picture of your injuries as well as the impact that they've affected your life. Your attorney will calculate the total damages. This will include future and past medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. It is likely to occur following the conclusion of discovery, but before trial. If the insurance company is unwilling to offer a fair settlement or if your damages are significant and not covered by insurance, then you could be required to appear in court. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is the time when your attorney and the negligent driver's insurer exchange information that could help or hurt your claim. Your attorney will ask for copies of documents to support your claim. These documents include police reports medical bills, work loss documents from your employer (showing the length of time you were absent due to the accident), photos of your vehicle and any damages or injuries and other financial details. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These written discovery tools are shared between attorneys on both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of other information that could be helpful to you.

Your Long Island car accident lawyer will also depose witnesses to the collision as well as any person who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses will be recorded on video by the court reporter or translated.

These pre-trial investigation procedures are designed to assist your lawyer develop a convincing case against the at-fault person and their insurance company in order to secure a fair settlement for all your losses, injuries and losses, costs and expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle during or after the discovery process, which can often be completed before the case goes to trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations If you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, your case may be heard in a trial. A trial is a formal process in which both sides present arguments and evidence to a factfinder, who makes a decision that settles the issue. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence including photos or videos of the scene, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You may also testify on your memories of the incident, and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility of certain evidence.

In a trial, jurors must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will consider the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate causes considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is a thorny issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present evidence, including expert testimony, about the severity of injuries that resulted in loss of income and earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Each state has a specific deadline to settle your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer can't negotiate a settlement with your insurance company, you may be required to bring a lawsuit to court. This can be time consuming and costly, but it is often necessary to pursue compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where both sides exchange information with one another). Your lawyer will also make legal filings, also known as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout this process, and a majority of civil disputes arising from car accidents end before a trial can be held.

If they believe that your claim is legitimate and you are willing to go to trial the insurance company will offer an acceptable settlement offer. Settlements are faster and less risky than the court trial.

Before settling a settlement, it is important that you fully understand the severity of your injuries and have completed all medical treatment. If you settle before your doctor has determined that you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. Also, you should not sign the release until you've had a conversation with your lawyer and received a complete 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 as well as other documents to ensure that you receive the entire amount of damages for which you are entitled.