The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter in the event that the insurance company is unable to pay the amount you require for your injuries. The letter will outline all of your financial damages such as medical expenses and lost wages, as well as non-economic damages like pain and discomfort.

Then a jury or judge will make a decision. If they rule in your favor they will award you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is crucial to get compensation for your injuries and losses. 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 determine the circumstances of the fort pierce accident law firm by taking pictures of the scene, which include skid marks and road debris as well as other physical evidence. Also, keep track of the names and phone numbers of any witnesses who witnessed what transpired. It is crucial to have witnesses to verify the events that occurred, as it can often happen that drivers offer contradictory information that can lead to insurance companies denying or refusing liability.

Other forms of evidence your lawyer could use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other documentation that demonstrate the severity of your injuries. You should get these records as soon as you can and send copies to your healthcare providers.

A deposition is yet another type of evidence your lawyer can make use of. It is an out-of the court testimony that is under oath. It is then transcribed by a Court Reporter. The lawyer can use the testimony to prove that your injuries have an immediate and predicable connection to the crash, which helps justify requesting the compensation you deserve for your damages. The majority of the evidence mentioned above can be collected at the site of the accident or soon after, but some may not be available until later in the legal process. It's important to contact a lawyer for car accidents with the right credentials as soon as you can so that they can begin an investigation while the evidence is in its most pure form.

2. Filing a Complaint

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

The first step is to file a complaint with court, which details the specific claims you're making and the amount you are seeking in damages. This document is usually drafted by an attorney and filed in the court. It will also be served to the defendant.

This also initiates the discovery phase which allows both sides to exchange information and documents related to their defenses and claims. The process can take a considerable duration and both teams will need to review a lot of documents including police reports and witness statements. They may also have to review medical records and bills as well as other documents. Both sides can request interrogatories. They are a set of questions that the other side has to answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also collaborate with doctors to get an accurate picture of your injuries and the impact that they've caused on your life. Your attorney will then calculate the total damages you have suffered that include the future and past medical expenses, lost earnings, pain and suffering, and more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver at the fault. It is likely to take place after the completion of discovery and before trial. If the insurance company refuses to negotiate a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case could be referred to trial. A jury or judge will decide on the case based on the evidence presented.

3. Discovery

Discovery is an important phase in any car Absecon Accident Lawyer case. It is the point at which your attorney and negligent driver's insurer exchange information that could support or damage your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills, work loss records (e.g. an email from your employer showing the amount of time you were absent from work because of the accident) photographs of your vehicle and any damage or injuries as well as other financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire into witnesses and parties who are not present.

These tools for discovery in writing are exchanged back and forth between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, which must be answered under oath, and to provide copies of certain documents and other information that may be relevant to your case.

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

These pretrial investigation procedures are designed to assist your lawyer create a compelling case against the person who is at fault and their insurer to negotiate an equitable settlement for all of your damages or losses, as well as expenses. Although there is no assurance that all cases will settle, the majority do during or after the discovery process, which can be completed before the trial.

4. Trial

Trials are possible where you and the insurance company disagree about who is at fault or the amount you should receive for your injuries. A trial is an official proceeding where both parties are required to argue their case and provide evidence before a factfinder who will make an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to give your account of the events in opening statements to the jury, along with any supporting evidence you have, such as photos or video of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You can also give your testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses can also testify to support your claims. The attorney representing the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injury was the result of the defendant's reckless behavior. They will examine proximate cause, a complicated legal concept that lawyers spend countless hours studying in law school. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you should receive. This is a thorny issue, as it depends on the severity of your injuries and the extent of your losses. Your lawyer will present your evidence including expert witness testimony regarding the severity of your injuries, your lost income, and your future earnings potential in addition to your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations where you have to settle your claim or file a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you might be required to file a vehicle accident lawsuit in court. This can be time consuming and expensive, yet it is usually required to seek compensation.

During the discovery procedure, 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 prepare legal documents, also known as motions, asking the court to do things like excluding certain types of evidence from trial. Settlement negotiations can go on 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 offer fair settlement offers if they believe that your injury claim is legitimate and that you are willing to go to trial. Additionally settlement is quicker and less risky than a trial.

It is important to be aware of your injuries prior to the settlement. You should also have completed all medical treatments. You could lose out on additional compensation if you agree to 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 spoken with your lawyer and have an understanding of all damages. Your lawyer will ensure that you don't be denied compensation that is valuable. They will carefully review your medical records and other documents to ensure that you get the full amount of damages to which you are entitled.