The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need for your injuries, our persistent lawyers will draft an official demand letter. The letter will list all of your economic damages such as medical expenses, lost wages as well as non-economic damages like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is crucial to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, like police reports and other official reports.

Your attorney may be able to establish what transpired in the accident by taking photos of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, take note of the names and contact information of any eyewitnesses who witnessed what happened. Witnesses who testify that confirm your version of what happened is crucial as it could be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim, or even deny the responsibility completely.

Medical records can also be utilized by your lawyer to establish the severity of your injury. These documents could include bills, receipts and lab results, diagnose reports, discharge guidelines and other records. It is essential to get these records as soon as possible and provide copies to your healthcare providers.

Depositions are another form of evidence your lawyer can employ. It is a non-in court testimony given under oath, which is then recorded by a Court Reporter. Your lawyer can use the testimony to prove that your injuries have had an immediate and clear connection to the crash and can be used to justify compensation for your damages. Most of the evidence mentioned above is available at the scene of the accident or within a short time, but some may not be available until later in the legal process. This is the reason it's essential to consult a highly-credentialed lawyer in the event of a car miami gardens accident law firm as soon as possible so that they can begin the investigation when the evidence is in its most pure form.

2. How to file a complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek expert legal advice. An attorney for car accidents can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims that you have filed and the amount of money you're seeking in damages. This document is typically drafted by your attorney and filed with the court and 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 time, and both teams will need to review a lot of documents, including police records and witness statements. They may also have to examine medical documents as well as bills and other documents. Each side may request interrogatories. These are a set of questions which the other side must answer under oath in the specified timeframe.

Throughout this stage your lawyer will work with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they've had on your daily life. Your lawyer will estimate the total damages. This includes future and past medical expenses including lost wages, suffering and pain and suffering, and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at fault. This is more likely to occur following discovery and prior to trial. If the insurance company is unwilling to offer an acceptable settlement, or if your losses are important and not covered by insurance, then you might be required to appear in court. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is 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 the documents that support your case, including medical bills, police reports and work loss records (e.g. documents from your employer showing the amount of time you were absent from work due to the accident), photographs of your vehicle, any damage or injuries and other financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to inquire into witnesses and parties who are not present.

These written discovery tools are distributed back and forth between the attorneys for both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing which must be answered under oath and to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also be able to depose witnesses to the collision, as well as anyone who has information about your injuries or damages that could be important to your case. During a deposition, your lawyer representing the person at fault will ask you questions and your answers are recorded on video by a court reporter or transcribed.

These pre-trial investigation procedures are designed to help your lawyer build a compelling case against the person who is at fault and their insurer in order to secure an equitable settlement for all your injuries and losses, costs and expenses. There is no guarantee of a settlement in each case however the majority of them do so during or after the investigation process, which usually completed before the trial.

4. Trial

Trials can be arranged in situations where you and the insurance company disagree regarding the fault of the other party or the amount you should receive for your injuries. A trial is an official proceeding where both parties argue and present 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 present your version of events in opening statements to the jury, as well as any other evidence you may have, such as images or videos of the accident (for beginners) scene, testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You may also offer your testimony about your memories of the incident and how it had an impact on your life. Expert witnesses can also provide evidence to support your assertions. The lawyer for the defendant can cross-examine witnesses and object to the admissibility of evidence.

At trial, jurors must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will be examining proximate causes, a complicated legal concept that lawyers have to spend many hours studying during law school. Proximate cause considers the relationship 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. It's also a complex issue due to the extent of your injuries and the degree to which you've suffered. Your attorney will provide evidence, including expert testimony, regarding the severity of your injuries, lost income and future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Every state has a legal deadline, accident 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 could have to file a car accident law firm lawsuit in the court. It can be expensive and time-consuming. However, it is usually required to obtain compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and attend hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout the process, and many 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 your claim for injury is solid and accident you'll be willing to take the case to trial. Additionally the settlement process is more efficient and less risky for them than a trial.

Before you agree to an agreement, it is important to understand the severity of your injuries and have completed all medical treatments. If you sign a settlement before your doctor has determined you have reached maximum medical improvement (MMI) it is possible to miss out on additional compensation. Also, you should not sign an agreement until you have talked to your lawyer and gained full understanding of your damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the entire amount of damages to which you are entitled.