The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount you need for your injuries, our persistent lawyers will draft a formal demand letter. The letter will list all of your economic damages such as medical expenses and lost wages, as well as non-economic damages such as discomfort and pain.

Then a judge or jury will take a call. If they rule in your favor they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving liability and negligence is essential to receive compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports such as police reports, and other official reports.

Your lawyer might be able to determine what transpired in the accident by taking pictures of the scene, which include skid marks and road debris as well as other physical evidence. Also, note the names and contact details of any witnesses who were present at the incident. Witnesses that testify to support your version of the events is essential especially as it can be common for drivers to have contradictory reports of what happened, which leads to insurance companies refusing to accept the claim or deny any responsibility at all.

Medical records can also be used by your lawyer in order to prove the extent of your injury. These documents may include receipts, bills laboratory results, diagnosis reports, discharge instructions, and other documents. It is important to obtain these records as soon as you can and give copies to your medical professionals.

Another type of evidence your lawyer could employ is a deposition which is out-of-court testimony given under oath and transcribed by a court reporter. The lawyer can utilize this testimony to prove that your injuries had an immediate, obvious connection to the poolesville accident lawsuit. This helps to justify seeking compensation. Most of the evidence discussed above can be collected at the site of the crash or shortly after, but some may not be available until later in the litigation. It is essential to contact a car accident lawyer with the appropriate credentials as soon as you can to start an investigation when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. A lawyer for car accidents can offer you the knowledge to maximize your compensation.

The first step is filing a complaint with the court. This will outline your specific claims and the amount you wish to recover in damages. This document is typically drafted by your lawyer and filed with the court and served on the defendant.

The discovery phase starts with both parties able to exchange information regarding their defenses and claims. The process can be long and requires both sides to look over a number of documents, including police reports, witness statements, medical records, bills and more. Each side can request interrogatories. These are a series questions that the other side must answer under oath within an agreed upon timeframe.

Throughout this process, your lawyer will also collaborate with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they've affected your daily routine. Your lawyer will determine the total damages. This will include past and upcoming medical expenses and lost wages, as well as pain and suffering and more.

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, your case could be referred to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and negligent insurer of the driver exchange information that could support or undermine your claim. Your attorney will ask for copies of documents to support your case. This includes police reports medical bills, as well as work loss records from your employer (showing how much time you were absent due to the accident), photos of your vehicle as well as any injuries or damages, and other financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to question witnesses and parties who are not present.

These written discovery tools are sent back and forth between attorneys on both sides. The tools for writing discovery give the opposing side a chance to respond to questions in writing that must be answered under oath. They also ask you 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 and also anyone who has information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your responses will be recorded on video by a court reporter or transcribed.

The purpose of these pretrial investigation processes is to enable your lawyer to create an argument that is persuasive and strong against the at-fault party as well as their insurer so that you can secure an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case, but most will settle during or following the investigation process, which usually done prior to trial.

4. Trial

While the vast majority of car valdese accident Law Firm cases settle through out-of-court negotiations however, if you and your insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal process where both sides present arguments and evidence to a factfinder who makes a ruling which settles the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, or 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 give evidence to support your assertions. The defendant's attorney can interrogate witnesses and contest the admissibility of certain evidence.

In a trial, jurors must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate cause which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you will be awarded. It's also a complex issue because it is contingent on the extent of your injuries and the amount to which you've suffered. Your lawyer will present evidence including expert testimony regarding the severity of injuries, lost income and future earning potential, in addition to your suffering and impairment.

5. Settlement

Every state has a time limit to settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may have to file a car accident lawsuit in the court. This can be time consuming and expensive, yet it is usually necessary to pursue compensation.

During this process you and your 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, known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can be ongoing throughout this process, and a lot of civil disputes in car accidents settle before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you'll be willing to take the case to trial. In addition the settlement process is faster and less risky than a trial.

Before settling on an agreement, it's essential to be aware of the severity of your injuries and have completed all medical treatments. You could lose out on additional compensation if you sign the settlement until your physician has determined that you have reached the maximum level of improvement in your medical condition. You should also not sign a settlement agreement before you have spoken with your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will scrutinize your medical records and other documentation, to ensure that you receive all the damages that you are entitled to.