The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if an insurance company is unable to pay the amount you require for your injuries. This will include all of the economic losses you have suffered including medical expenses and lost wages, as well as non-economic damages, like suffering and pain.

A judge or jury will then come to a decision. If they rule in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident it is essential to prove negligence to receive compensation for your 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.

Your attorney might be able to establish what happened during the accident by taking photos of the scene, which include skid marks, road debris and other physical evidence. Note down the names and contact details of any witnesses who saw the events. Witnesses who testify that confirm your version of what happened is crucial as it could be common for drivers to have contradictory accounts of what happened that results in insurance companies refusing to accept the claim, or even deny any responsibility at all.

Other evidence that your lawyer could utilize include medical records, which may include receipts, bills diagnose reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should get these records as soon as possible and send copies to your healthcare providers.

A deposition is yet another type of evidence your lawyer could utilize. This is an out-of court testimony under oath. It is then recorded by a Court Reporter. Your lawyer may use the testimony to establish that your injuries had an immediate and clear connection to the crash which can help justify compensation for your damages. While most of the above-mentioned kinds of evidence can be gathered at the accident scene or shortly afterward, some of it might not be available until later in the litigation process. It is essential to contact an attorney for car accidents with the appropriate credentials immediately to begin an investigation while the evidence is in its most natural form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, it's the time to seek expert legal advice. A car gretna accident lawyer lawyer can give you the experience to maximize your compensation.

The first step is to file an application with the court. It will describe your specific claims as well as the amount of money you wish to recover in damages. This type of document is typically drafted by an attorney and then filed in court. It is also served to the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and both teams may have to look over a variety of documents, including police reports and witness statements. They may also have to examine medical records as well as bills and other documents. Each side may request interrogatories, which are a series of questions that the other party must answer under oath by a predetermined date.

In this phase, your lawyer will also work closely with your doctor to get the full picture of your injuries and the impact they've caused on your life. Your attorney will then calculate your total damages that will include past and future medical expenses loss of earnings, suffering and pain, and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at fault. This is more likely to occur following discovery, but before trial. If the insurance company refuses to settle the claim in a fair manner or if you've sustained significant damage that is not covered by the insurance policy, your case may move forward to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and negligent insurance company of the driver exchange information that can support or hurt 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 missed due to the accident) photographs of your vehicle damaged or injured and other financial details. Your lawyer will also make use of written discovery tools, such as interrogatories and requests for production, as well as requests for admissions to interview witnesses and other parties who aren't present in the case.

These written discovery tools are shared between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, which must be sworn to in oath and to supply copies of specific documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident as well as anyone with information on 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 responses will either be recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to help your lawyer to create a strong and compelling case to the responsible party and their insurer in order that you can get an adequate and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case however, most will settle during or following the investigation process, which is typically completed before the trial.

4. Trial

While the vast majority of car Chester Accident Law Firm cases are resolved through informal negotiations however, if you and your insurance company aren't in agreement on the cause or how much compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is an official proceeding in which both sides argue and present evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury, together with any evidence that you have, like pictures or videos of accident scene, witness testimony from witnesses and medical professionals, and documents like police reports and medical bills. You can also give your testimony regarding your recollection of the incident and how it had an impact on your life. Expert witnesses can also offer evidence to support your claims. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will look at the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. It's also a complex issue because it is contingent on the severity of your injuries and the extent to which you've suffered. Your attorney will provide evidence including expert testimony regarding the severity of injuries loss of income, future earning potential, as well your suffering and impairment.

5. Settlement

Each state has a deadline that you must meet to settle your claim or bring a lawsuit. This is referred to as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may need to file a car accident lawsuit in the court. This can be time consuming and costly, however it is usually necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a procedure that is formal in which each side exchanges information with each other). Your lawyer will also file legal documents, referred to as motions that ask the court for things like excluding certain types of evidence during trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are settled before a trial is needed.

If they believe that your injury claim is legitimate and you are willing to go to trial, insurance companies will make a fair settlement offer. The settlement process is also faster and less risky compared to an in-court trial.

Before you agree to an agreement, it's important that you fully understand the severity of your injuries. You must also have completed all medical treatment. If you settle before your doctor has determined that you have reached your maximum medical improvement (MMI) and you are not able to not receive additional compensation. You should also not sign the release until you've spoken with your lawyer and received full understanding of your losses. Your lawyer will ensure you don't miss out on valuable compensation. They will carefully review your medical records and other documents to make sure that you receive the full amount of damages to which you are entitled.