The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to pay the amount you need to cover your injuries. It will detail all your financial losses including medical expenses and lost wages, and other damages that are not economic, like pain and suffering.

Then a judge or jury will make a decision. If they decide to your advantage you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident the proof of negligence is essential to receiving compensation for your injuries. The gathering of evidence is one of the initial steps in the litigation process. it involves collecting documents including photographs, witness statements as well as official reports, such as police reports.

Your lawyer may be able to determine what transpired in the accident by taking photos of the scene, including skid marks, road debris and other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed the incident. Witnesses who testify to corroborate your account of what happened is crucial especially as it can be common for drivers to have contradictory accounts of what happened that can lead to insurance companies refusing to accept the claim or denying any responsibility at all.

Other evidence forms your lawyer may use include medical records, which may include bills, receipts diagnostic reports, lab results, discharge instructions, and other evidence that proves the severity of your injuries. You should get these records as soon as possible and provide copies to your healthcare providers.

A deposition is a different type of evidence that your attorney can make use of. It is an out-of court statement made under oath and later transcribing by a Court Reporter. Your lawyer can use this evidence to prove your injuries were an obvious, predicable connection to the accident. This helps to justify the need for compensation. Although the majority of the above types of evidence can be collected at the scene of the accident or within a short time after, some of it might not be available until later in the litigation process. This is the reason it's essential to talk to a reputable car accident lawyer as soon as you can so that they can begin investigating when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from an expert. A lawyer for car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you are making and the amount you're seeking in damages. This document is usually drafted by an attorney and filed in court. It is also given to 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 need to review a lot of documents like police reports and witness statements. They might also have to review medical records, bills, and other documents. Each side can require interrogatories. These are a series of questions that the other party must answer under oath, within a specific deadline.

In this phase, your lawyer will also work with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will estimate your total damages. This will include any future medical expenses as well as lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. It is likely to occur after the completion of the discovery process and prior to trial. If the insurance company refuses an equitable settlement, or if the damage is substantial and not covered by insurance, then you may be required to go to trial. A judge or jury will decide on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is where your attorney and negligent driver's insurer exchange information that can support or derail your claim. Your attorney will request copies of the documents to prove your case. These include police reports as well as medical bills and work loss records from your employer (showing how much time you've missed due to the rancho cucamonga accident lawyer) photographs of your vehicle and any damages or injuries and other financial details. Your attorney will also make use of written discovery tools, such as interrogatories or requests for production as well as requests for admissions to question witnesses and parties who are not part of the case.

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

Your Long Island car accident lawyer will also be able to depose witnesses to the accident as well as anyone who has information about your injuries or damage that could be crucial to your case. During a deposition lawyer for the person who is at fault will ask you several questions, accident lawyer and your answers will be recorded on video or transcribing by a court reporter.

The purpose of these pre-trial investigation procedures is to help your lawyer to create an argument that is persuasive and strong to the party at fault and their insurer, so that you are able to secure an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case however, most occur during or after the investigation process, which usually completed prior to the trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or how much compensation you are entitled to for your injuries, your case may go to trial. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder who issues a decision that settles the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the accident scene as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also offer testimony regarding your recollection of the incident and how it has impacted your life. Expert witnesses can also provide evidence to back up your claims. The defendant's attorney can cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury will decide if the plaintiff's injuries were the result of 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 considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you are entitled to. This is a complicated issue depending on the severity of your injuries and accident lawyer the extent of your losses. Your lawyer will present evidence, including expert witness testimony on the severity of your injuries, your loss of income, and future earnings potential in addition to your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer is not able to reach a settlement with the insurer, you could be required to bring a lawsuit to court. It can be lengthy and expensive, yet it is often necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents called motions that ask the court to consider excluding certain types of evidence at trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are settled prior to a trial.

If they feel that your injury claim is solid and that you are willing to go to trial Insurance companies will offer an appropriate settlement offer. Settlements are faster and less risky compared to a court trial.

Before settling a settlement, it is important to understand the extent of your injuries and completed all medical treatment. If you agree to a settlement before your doctor determines that you have reached maximum medical improvement (MMI) then you could be denied additional compensation. Additionally, you should not sign the release until you've met with your lawyer and gained full understanding of your losses. Your attorney will ensure that you don't miss out on valuable compensation. They will look over your medical records and other documentation, to ensure that you are entitled to all damages that you are entitled to.