The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if an insurance company refuses to pay you the amount you need for your injuries. The letter will outline all of your economic damages like medical expenses and lost wages as also non-economic damages like pain and discomfort.

A judge or jury will then take a call. If they rule in your favor they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports including police reports and other official reports.

Photographs of the scene of the accident can assist your attorney in determining what happened during the crash, including the position of both cars after impact, skid marks, road debris and other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who witnessed what occurred. It is important to have witnesses who can confirm the events that took place, since it can often happen that drivers offer contradictory statements that result in insurance companies denying or refusing the responsibility.

Other evidence forms your lawyer could utilize include medical records. These could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your healthcare providers.

Depositions are another form of evidence your lawyer could use. It is a non-in court testimony under oath, and then transcribing by a Court Reporter. Your lawyer could make use of the testimony to prove the fact that your injuries had an immediate and obvious connection to the accident and can be used to justify compensation for your losses. The majority of the evidence mentioned above can be collected at the site of the canastota accident lawyer or within a short time however some evidence may not be available until later in the litigation. This is why it's crucial to talk to a reputable car accident lawyer as quickly as you can, so they can begin an investigation as evidence is in its most pure form.

2. How to file a complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an expert. A car sweetwater accident law firm attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

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

This also initiates the discovery phase that allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can be lengthy and requires both sides to go through a myriad of documents including police reports as well as witness statements medical records, bills and much more. Each side can request interrogatories. These are a series questions that the other side must answer under oath in the specified timeframe.

During this stage, you lawyer will also collaborate with your doctor to get a full picture of your injuries and the impact that they've caused on your life. Your lawyer will determine the total damages. This will include future and past medical expenses as well as lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer could be able to reach an agreement with the responsible driver's insurance company. It is likely to occur after the completion of discovery and prior to trial. If the insurance company is unwilling to offer a fair settlement, or if the damage is significant and not covered by insurance, then you may have to go to trial. A judge or jury will decide the case based on the weight of all 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 documents to support your case. This includes police reports, medical bills and work loss documents from your employer (showing the amount of time you've missed because of the accident) photos of your vehicle as well as any injuries or damages and other financial details. Your attorney may also employ written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties who are not present in the case.

These tools for discovery are used to exchange information between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, which need to be answered under oath, and to supply copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision and also any person who has information about your injuries or damage that could be crucial to your case. In a deposition, the lawyer representing the party at fault will ask you questions and your answers are recorded on video by an official court reporter or vimeo.com recorded.

The goal of these pretrial investigation processes is to enable your lawyer to present an effective and convincing argument to the responsible party and their insurer, so that you are able to secure a full and fair settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle, the majority do either during or after the discovery process, which is often be completed before the case reaches trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or the amount 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 makes a ruling that settles the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the accident scene as well as testimony from witnesses and medical professionals, documents like police reports and bills. You can also testify about your personal memories of the incident, and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

At trial, jurors must decide if the plaintiff's injuries were caused by the defendant's negligence. They will examine proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause looks at the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to decide how much compensation you will be awarded. It is also a complicated issue because it depends on the severity of your injuries as well as the extent to which you've suffered. Your attorney will present evidence which includes expert testimony about the severity of your injuries as well as lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Each state has a specific deadline within which you can settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may need to file a car accident lawsuit in the court. It can be time-consuming and expensive, but it is usually necessary to pursue compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents called motions to ask the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are settled before a trial is needed.

If they believe that your claim is valid and you are willing to go to trial insurance companies will make a fair settlement offer. Settlement is faster and less risky compared to the court trial.

Before settling a settlement, it is essential to be aware of the extent of your injuries and that you have completed all medical treatment. If you settle prior to your doctor determining that you have reached your maximum medical improvement (MMI), you could not be eligible for additional compensation. You should also not sign a release until you've met with your lawyer and had an understanding of all losses. Your attorney will ensure that you don't be denied compensation that is valuable. They will carefully examine your medical records as well as other documents to make sure that you receive the total amount of damages to which you are eligible.