The First Steps in Car Accident Litigation

Our determined lawyers will draft an official letter of demand if the insurance company refuses to pay the amount you need to cover your injuries. This will list all your economic damages including medical expenses and lost wages, and non-economic damages, like pain and suffering.

Then a jury or judge will decide. If they decide in your favor, you will be awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves a car highland Accident lawsuit the proof of negligence is essential in obtaining compensation for your injuries. 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 lawyer might be able to establish what happened during the accident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Take down the names and contact information of any eyewitnesses that witnessed what transpired. Witnesses that testify to support your account of events is important especially as it can be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim or denying responsibility altogether.

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

A deposition is a different type of evidence your lawyer may make use of. This is an out-of the court testimony that is under oath and later recorded by a Court Reporter. Your lawyer may use the testimony to prove the fact that your injuries had an immediate and clear connection to the accident, which helps justify requesting compensation for your damages. The majority of the evidence listed above can be collected at the site of the accident or soon after but some of it may not be available until much later in the legal process. This is why it's vital to consult a highly-credentialed car accident lawyer as quickly as you can, so they can begin the investigation while the crucial evidence is in its most pure form.

2. Making a complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek professional legal advice. An attorney for car accidents will provide the knowledge and expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint with the court. This will outline your specific claims as well as the amount you'd like to recover in damages. This document is typically drafted by your attorney, and then filed with the court and then served on the defendant.

This also initiates the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can take a long time, and both teams will need to review a lot of documents, including police reports and witness statements. They might also have to examine medical documents, bills, and other documents. Each side can require interrogatories. These are a series of questions the other party must answer under oath, within a specific deadline.

In this phase, your lawyer will also collaborate with your doctor to get a full picture of your injuries and the impact they've had on your life. Your lawyer will then estimate your total damages that will include the past and future medical costs loss of earnings, pain and suffering and much more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver who is at fault. This is more likely to happen after discovery and before the trial. However, if the insurance company is unable to offer a fair settlement or if you've incurred significant losses that aren't covered by the insurance policy, your case may move forward 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 st paul park accident lawsuit case. This is when your attorney and negligent driver's insurer exchange information that could support or undermine your claim. Your attorney will ask for copies of documents to support your case. These documents include police reports medical bills, as well as work loss documents from your employer (showing how much time you've missed because of the accident) photographs of your vehicle and any damages or injuries, and other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

The written discovery tools are exchanged back and forth between attorneys of both sides. They provide the opposing party the chance to respond to questions in writing, which have to be sworn to in oath and to provide copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident lawyer will also depose witnesses to the accident and also any person who has information about your injuries or damages that could be pertinent to your case. During a deposition lawyer representing the party at fault will ask you a series of questions, and your responses will be recorded on video, or transcribed by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer construct a compelling case against the responsible party and their insurer to get a fair settlement for all your losses, injuries and losses, costs and expenses. Although there is no guarantee that all cases settle however, the majority settles at the end of or following the discovery process, which may be completed before your trial.

4. Trial

The majority of car accidents settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who renders a verdict which settles the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will give your account of the events in opening statements to the jury together with any evidence that you have, like images or videos of the accident scene, testimony from people who witnessed the somerset accident lawyer and medical professionals, and documents like police reports and medical bills. You can also testify about your memories of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of specific evidence.

In a trial, the jury will determine if the plaintiff's injuries were the result of the negligence of the defendant. They will examine the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. It's also a complicated issue because it is contingent on the severity of your injuries as well as the extent to which you have suffered. Your attorney will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, the loss of income, as well as future earnings potential, as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations, that you must meet to settle your claim or make a claim. If your lawyer cannot reach a settlement with the insurer, you could be required to file a lawsuit in court. It can be expensive and time-consuming, however it is often necessary to get compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions to request the court for things like the exclusion of certain types of evidence during trial. Settlement negotiations can go on throughout the entire process, and a lot of civil disputes in car accidents settle before a trial has to be held.

If they believe your injury claim is solid and you are willing to go to trial, insurance companies will make an appropriate settlement offer. Settlements are faster and less risky than a court trial.

Before settling a settlement, it is essential to be aware of the extent of your injuries. You must also have completed all medical treatments. If you accept a settlement before your doctor has determined that you have reached the maximum medical improvement (MMI), you could not be eligible for additional compensation. You should also not sign an agreement until you have met with your lawyer and have a complete understanding of your losses. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records and other documentation to ensure that you get the full amount of damages to which you are eligible.