The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if an insurance company is unable to pay the amount you need to cover your injuries. The letter will list all of your financial damages like medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.

A judge or jury will then come to a decision. If they rule to your advantage you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is crucial to get compensation for your injuries and losses. Gathering evidence is one of the first steps in the process of litigation, and it requires gathering documents witnesses' testimony, photographs as well as official reports like police reports.

Your attorney may be able to determine what transpired in the gastonia accident lawyer by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Also, keep track of the names and contact numbers of any eyewitnesses who witnessed what occurred. Witnesses who testify that confirm your version of events is important as it could be common for drivers to give contradicting reports of what happened, which causes insurance companies to refuse to accept the claim, or even deny any responsibility at all.

Other evidence that your lawyer could utilize include medical records. These could include bills, receipts, diagnosis reports, lab results, discharge instructions, and other documentation that demonstrate the extent of your injuries. You should obtain these records as soon as you can and give copies to your healthcare providers.

Another form of evidence that your lawyer could utilize is a deposition, which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer can use the testimony to establish that your injuries have had an immediate and obvious connection to the accident and can be used to justify compensation for your injuries. While 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 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 possible so that they can begin investigating as evidence is in its purest form.

2. Filing a complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. A lawyer from a car accident can provide you with the knowledge to maximize your compensation.

The first step is filing a complaint with the court. It will describe your specific claims as well as the amount you'd like to claim in damages. This form is usually prepared by an attorney, and filed in the court. It is also delivered to the defendant.

The discovery phase starts and allows both parties to share information about their claims and defenses. The process can take a considerable time and both teams will need to review a lot of documents including police reports and witness statements. They might also have to review medical documents and bills as well as other documents. Each side may require interrogatories. These are a series of questions that the other party must answer under oath, within a specific time frame.

In this stage your lawyer will collaborate with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they've had on your daily life. Your attorney will calculate the total damages you have suffered including future and past medical expenses loss of earnings, suffering and pain and much more.

Sometimes, your lawyer could be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to happen after discovery and before the trial. However, if the insurance company refuses to offer a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case may move forward to trial. A jury or judge will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is where your attorney and negligent insurance company of the driver exchange information that could support or damage your claim. Your attorney will ask for copies of documents that support your case. These include police reports medical bills, as well as work loss records from your employer (showing how much time you were absent due to the accident), photos of your vehicle damaged or injured, and other financial information. Your attorney will also make use of written discovery tools like 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 writing discovery are shared between attorneys on both sides. The tools for writing discovery 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 might be useful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone with information about the damages or injuries you sustained that could be crucial to your case. During a deposition, the attorney representing the at-fault party 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 insurance company in order to get a fair settlement for all of your damages and losses, costs and expenses. While there is no assurance that all cases will settle however, the majority settles in the course of or following the discovery process, attorneys which can be completed before your case goes to trial.

4. Trial

Trials can be arranged in situations where you and the insurance company do not agree on the source of your fault or the amount of compensation you should receive for your injuries. A trial is a formal process in which both sides present arguments and evidence before an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it, such as photos or videos of the scene or testimony from witnesses, medical professionals, and documents such as police reports and bills. You can also give your testimony regarding your memories of the incident and how it affected your life. Expert witnesses will also provide evidence to back up your assertions. The attorney for the defendant can cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will be looking at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you're entitled to. This is a complicated issue because it is contingent on how severe your injuries are and the severity of your losses. Your lawyer will present evidence which includes expert witness testimony about the severity of your injuries, your lost income, as well as future earnings potential and your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, by which you must settle your claim or start a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might need to file a car accident lawsuit in the court. It is costly and time-consuming, but this is often necessary to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which each side exchanges information with each other). Your lawyer will also submit legal documents, referred to as motions, asking the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue throughout the entire process, and most civil disputes in car accidents settle before a trial is required to be held.

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

Before agreeing to an agreement, it is important that you fully understand the severity of your injuries and have completed all medical treatments. If you accept a settlement before your doctor has determined that you have reached maximum medical improvement (MMI) and you are not able to not receive additional compensation. You should also not sign a release before you have spoken with your lawyer about your injuries. Your lawyer will ensure you don't get a poor deal on compensation. They will go through your medical records and other documentation, to ensure that you are entitled to all damages you are entitled to.