The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company refuses to pay you the amount you require for your injuries. The letter will list all of your financial losses like medical expenses and lost wages, as also non-economic damages such as discomfort and pain.

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

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence is essential to receiving compensation for your injuries. The first step in the litigation process is to gather 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 actually transpired in the crash, including the position of both cars following the impact, skid marks, road debris and other evidence that is physical. Record the names and contact information of any witnesses who saw the events. It is important to have witnesses to verify the events that took place, since it can often happen that drivers will give contradictory stories that lead to insurance companies denying or refusing responsibility.

Medical records can also be used by your lawyer to establish the severity of your injuries. They could include bills, receipts and lab results, diagnose reports, discharge directions and other documentation. You should get these records as soon as you can and send copies to your healthcare professionals.

Another type of evidence your lawyer could make use of is a deposition which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer can utilize the testimony to prove that your injuries have an immediate and obvious connection to the crash and can be used to justify compensation for your injuries. While most of the above-mentioned kinds of evidence can be collected at the scene of the accident or within a short time after but some of the evidence might not be accessible until later in the litigation process. It's crucial to speak with a lawyer for car accidents with the appropriate credentials immediately so that they can begin an investigation as evidence is in its most natural form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from a professional. A lawyer from a car accident can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with the court. It will describe your specific claims as well as the amount of money you wish to recover in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence related to their claims and defenses. The process can take a long time and both teams may need to review a lot of documents like police reports and witness statements. They may also have to examine medical documents or bills, as well as other documents. Each side can request interrogatories. These are a series questions that the other side has to answer under oath in a specified time frame.

In this phase, your lawyer will also work with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your attorney will calculate the total damages you have suffered that include the future and past medical expenses loss of earnings, pain and suffering and much more.

Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. This is likely to take place after the completion of discovery and before trial. If the insurance company doesn't agree to an equitable settlement, or if the damage is significant and are not covered by insurance, then you could be required 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 phase in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents to support your claim. These include police reports medical bills, work loss records from your employer (showing the amount of time you've missed because of the accident) photographs of your vehicle and any damages or injuries, and other financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These tools for discovery in writing are distributed back and forth between attorneys for both sides. The tools for writing discovery give the opposing side a chance to respond to questions in writing which must be answered under oath. They also ask you to provide copies of other information that could be helpful to you.

Your Long Island car olivette accident law firm lawyer will also be able to depose witnesses to the Schenectady Accident Attorney and anyone with information on your injuries or damage that could be crucial to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your responses will either be recorded on video by a court reporter or transcribing.

The purpose of these pretrial investigation processes is to enable your lawyer to create an argument that is persuasive and strong to the at-fault party and their insurer in order that you can secure a fair and complete settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle but the majority settle at the end of or following the discovery process, which may be completed prior to the time your case goes to trial.

4. Trial

Trials are possible in cases when you and the insurance company disagree regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is a formal proceeding in which both sides present their arguments and evidence to the 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 be able to explain your story in opening statements to the jury along with any supporting evidence you have, such as images or videos of the maitland accident attorney scene, witness testimony from bystanders and medical professionals, as well as documents like medical bills and police reports. You may also testify on your memories of the incident and how it affected your life. Expert witnesses can also offer evidence to support your assertions. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence.

At trial, the jury has to decide if the plaintiff's injuries were the result of the negligence of the defendant. They will examine the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. It's a difficult issue due to the degree of your injuries and the amount to which you've suffered. Your attorney will present evidence that includes expert testimony about the severity of your injuries as well as lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Every state has a legal deadline, known as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer is unable to negotiate a settlement with the insurer, you could be required to bring a lawsuit to court. It can be lengthy and costly, but it is usually necessary to pursue compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions that ask the court for certain things, such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are settled before a trial is needed.

If they feel that your injury claim is solid and you are willing to go to trial Insurance companies will offer an honest settlement offer. In addition, the settlement process is faster and less risky than a trial.

Before settling on the settlement, it's important to understand the extent of your injuries. You must also have completed all medical treatment. It is possible to lose additional compensation if settling a settlement until your doctor has concluded that you have reached the maximum level of improvement in your medical condition. Don't sign an agreement until you have talked to your lawyer and have a complete understanding of your losses. Your lawyer will make sure that you don't lose the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records as well as other documentation, to ensure that you receive all of the damages for which you qualify.