The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter in the event that the insurance company refuses to provide you with the amount you need for your injuries. This will outline all your economic damages, such as medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

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

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is vital to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident could assist your attorney in determining what happened during the collision, accident attorney including the location of both cars after impact, skid marks road debris and other physical evidence. Also, keep track of the names and contact details of any eyewitnesses who saw the incident. Witnesses who testify to corroborate your version of what happened is crucial, especially since it can be common for drivers to give contradicting stories of what happened. This results in insurance companies refusing to accept the claim or even denying any responsibility at all.

Medical records can also be used by your lawyer to prove the severity of your injuries. These records could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other records. It is important to obtain these documents as soon as is possible and be sure to send copies to your healthcare providers.

Another form of evidence your attorney may make use of is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer may use this testimony to establish your injuries had a direct, foreseeable link to the accident. This can be used to justify the need for compensation. Most of the evidence discussed above can be gathered at the scene of the accident or shortly afterwards however some evidence may not be available until later in the legal process. This is the reason it's essential to contact a reputable lawyer in the event of a car accident as soon as you can so that they can begin the investigation while the crucial evidence is in its most pure form.

2. The process of filing a complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal guidance from an expert. A car accident attorney lawyer can provide you with the knowledge to maximize your compensation.

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

The discovery phase begins by allowing both parties to share information about their defenses and claims. The process can take a long time and requires both sides to examine a variety of documents, including police reports witnesses' statements, police reports medical records, bills and much more. Each side may 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 gather a full picture of your injuries and the impact that they've had on your life. Your lawyer will then calculate the total damages you have suffered, which will include past and future medical expenses, lost earnings, pain and suffering and much more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at the fault. This is more likely after discovery and before the trial. If the insurance company does not agree to an equitable settlement, or if the damages are significant and are not covered by insurance, then you may be required to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is an essential step in any car missouri city accident law firm case. It is the point at which your attorney and negligent insurer for the driver exchange information that can support or hurt your claim. Your attorney will request copies of the documents to support your case. These include police reports medical bills, as well as work loss records from your employer (showing how much time you missed due to the accident), photos of your vehicle damaged or injured as well as other financial data. Your attorney will also use written discovery tools, such as interrogatories, requests for production and requests for admissions to question witnesses and other parties that are not part of the case.

These written discovery tools are sent back and forth between attorneys of both sides. They provide the opposing party the chance to respond to questions in writing, which need to be sworn to in oath and to supply copies of certain documents and other information that could be useful to your case.

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

The purpose of these pretrial investigation processes is to help your lawyer to present an argument that is persuasive and strong to the at-fault party and their insurer in order that you can secure an adequate and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle however, the majority settles in the course of or following the discovery process, which may be completed before the case goes to trial.

4. Trial

Trials are a possibility in situations when you and the insurance company do not agree on the source of your fault or the amount of compensation you should be awarded for your injuries. A trial is a formal process that involves both sides presenting arguments and evidence to a factfinder who issues a decision which settles the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it like photos or videos of the scene or testimony from witnesses, medical professionals, documents like police reports and bills. You may also offer your testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of evidence.

In a trial, jurors must decide if the plaintiff's injuries were the result of the defendant's negligence. They will look at proximate causes, a complex legal concept that law students will spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury is also required to decide how much compensation you should receive. It's a difficult issue because it depends on the severity of your injuries and the amount to which you've suffered. Your attorney will present evidence which includes expert testimony regarding the severity of your injuries that resulted in loss of income and earning potential, accident attorney as well your suffering and impairment.

5. Settlement

Every state has a time limit to resolve your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may be required to file a vehicle accident lawsuit in court. It can be time-consuming and expensive, yet it is often necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your attorney will also submit legal documents, referred to as motions, asking the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can go on throughout this process, and a lot of civil disputes arising from car accidents end 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 solid and that you are willing to go to trial. In addition, the settlement process is faster and less risky for them than a trial.

It is essential to fully understand your injuries prior to the settlement. You should also have completed all medical treatments. If you agree to a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) it is possible to miss out on additional compensation. Don't sign a release before you have consulted with your lawyer about your injuries. Your attorney will ensure that you don't miss out on valuable compensation. They will look over your medical records, and other documents to ensure that you receive all of the damages for which you qualify.