The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if an insurance company refuses to provide you with the amount you require for your injuries. This will outline all your financial losses such as medical bills and lost wages, as well as non-economic damages like pain and suffering.

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

1. Gathering Evidence

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

Your attorney may be able to establish the circumstances of the accident by taking pictures of the scene, which include skid marks or road debris, as well as other physical evidence. Take down the names and phone numbers of any eyewitnesses that witnessed what happened. Having witnesses testify that corroborate your account of events is important especially as it can be common for drivers to give contradicting versions of what transpired, which results in insurance companies refusing to accept the claim or denying responsibility altogether.

Medical records can also be utilized by your lawyer to prove the extent of your injury. These documents may include receipts, bills as well as lab results, diagnosis reports, discharge directions and other documentation. It is important to obtain these records as quickly as you can and give copies to your healthcare providers.

Another type of evidence your lawyer could make use of is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer may make use of this testimony to prove your injuries were a clear, identifiable connection to the accident. This will help justify seeking compensation. While most of the above-mentioned types of evidence can be obtained at the scene or soon afterward, some of them may not be accessible until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer for car accidents as soon as possible so that they can begin the investigation as evidence is in its purest form.

2. Making a Complaint

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

The first step is filing an application with the court. This document will outline your specific claims as well as the amount of money you want to recover in damages. This form is usually prepared by an attorney and filed in court. It is also served on the defendant.

The discovery phase starts, allowing both parties to exchange information about their claims and defenses. The process can take a considerable duration and both teams will be required to examine a large number of documents, including police records and witness statements. They might also have to examine medical records and bills as well as other documents. Each side may require interrogatories. These are a series of questions which the other party must answer under oath, within a specific date.

During this stage, you lawyer will also collaborate with medical professionals to obtain a full picture of your injuries and the impact they've affected your life. Your lawyer will then estimate your total damages that include the past and future medical costs loss of earnings, pain and suffering, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely following discovery, but before trial. If the insurance company doesn't agree to a fair settlement, or if your damages are important and not covered by insurance, then you could have to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit the attorney representing you and the insurance company exchange information that could aid or hinder your claim. Your attorney will request copies of the documents to prove your case. These include police reports, medical bills and work loss documents from your employer (showing the amount of time you've missed because of the reading accident law firm) photos of your vehicle as well as any injuries or damages and other financial details. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to question witnesses and witnesses who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing which must be answered under oath. They also ask you to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident as well as anyone with information regarding your injuries or damage that could be crucial to your case. During a deposition the lawyer of the at-fault person will ask you questions, and your answers are recorded on video by the court reporter or translated.

The pretrial investigation process is designed to help your lawyer create a compelling argument against the person at fault and their insurance company in order to negotiate a fair settlement for all of your injuries, expenses and losses. While there is no assurance that all cases will settle, the majority do during or after the discovery process, which can often be completed before your case is brought to trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations, if you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is an official process where both parties present their arguments and evidence to a factfinder who makes an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will explain your story in opening statements to the jury and Vimeo any supporting evidence you have, including photographs or videos of the mesa accident attorney scene, testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You can also testify regarding your personal memories of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

In a trial, the jury must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will consider the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a more complicated matter because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will provide evidence including expert testimony regarding the severity of your injuries that resulted in loss of income and earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, where you have to settle your claim or file a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you may have to file a car accident lawsuit in the 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 procedure that is formal in which both sides exchange information with each other). Your attorney will also prepare legal documents, also known as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the entire process, and most civil disputes arising from car accidents end before a trial has to be held.

If they feel that your injury claim is valid and Vimeo you are willing to go to trial the insurance company will offer an honest settlement offer. In addition the settlement process is more efficient and less risky than a trial.

It is important to fully understand your injuries before you agree to a settlement. It is also important to have completed all medical treatments. It is possible to lose additional compensation if you sign the settlement until your physician has confirmed that you have achieved the point of maximum improvement. Additionally, you should not sign the release until you've had a conversation with your lawyer and had an understanding of all damages. Your lawyer will make sure that you don't get a poor deal on compensation. They will carefully examine your medical records and other evidence to make sure that you receive the total amount of damages for which you are entitled.