The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter in the event that the insurance company refuses to pay you the amount you need to cover your injuries. The letter will outline all of your financial damages such as medical costs and lost wages as well as non-economic damages like discomfort and pain.

Then a jury or judge will make a decision. If they decide in your favor, they will be able to award you damages, and the defendant has to 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 lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports like police reports, and other official reports.

Your attorney might be able to establish what happened in the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Record the names and contact numbers of any witnesses who witnessed what happened. Witnesses that testify to support your account of the events is essential particularly since it can be common for drivers to have conflicting versions of what transpired, which causes insurance companies to refuse to accept the claim or deny responsibility altogether.

Other evidence that your lawyer could use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. You should obtain these documents as soon as you can, and make sure to send copies to your healthcare providers.

Depositions are another form of evidence your lawyer may utilize. It is a non-in court statement made under oath. It is then transcribed by a Court Reporter. Your lawyer could utilize this testimony to prove that your injuries had an obvious, predicable connection to the accident. This helps to justify the need for compensation. While the majority of these kinds of evidence can be taken at the scene of the accident or within a short time after, some of it might not be accessible until later in the litigation process. It is essential to contact a lawyer for car accidents with the appropriate credentials immediately to begin an investigation when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you have tended to your injuries, it's time to seek professional legal advice. An attorney for car accidents can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with the court, describing the specific claims that you are making and the amount you are seeking in damages. The document is usually drafted by your attorney, and then filed with the court and served on the defendant.

The discovery phase starts with both parties able to exchange information about their claims and defenses. The process can take a long time, and both teams will have to look over a variety of documents including police reports and witness statements. They might also need to review medical records or bills, as well as other documents. Each side can demand interrogatories. They are a set of questions that the other party must answer under oath, within a specific date.

During this stage, you lawyer will also work closely with medical professionals to obtain the full picture of your injuries and the impact that they've affected your life. Your lawyer will estimate the total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and pain and suffering, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at fault. This is more likely to occur after discovery and before the trial. If the insurance company does not agree to an equitable settlement, or if the damage is significant and not covered by insurance, then you might be required to appear in court. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car ripon accident law firm where your lawyer and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will request copies of documents that support your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer that outlines how long you missed work because of the accident), photographs of your car and any injuries or damages, and other relevant financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories, requests for production and requests for admissions to question witnesses and other parties that are not present in the case.

These tools for discovery are exchanged between attorneys from both sides. The written discovery tools give the other side an opportunity to answer questions in writing that must be sworn to under oath, and to provide copies or other information that could be useful to you.

Your Long Island car accident attorney will also interview witnesses and any other person with information about your injuries or damages which could be important to your case. During a deposition attorney representing the at-fault party will ask you several questions, and your responses will be recorded on video or transcribed by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer create a compelling case against the responsible party and their insurer in order to get an equitable settlement for all of your damages as well as losses, expenses and costs. There is no assurance of a settlement in every case, but most do so during or after the investigation process, which is often completed before the trial.

4. Trial

Although the majority of car granite City accident lawyer cases are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, your case could go to trial. A trial is an official process in which both sides are required to argue their case and provide evidence before the factfinder, who makes an decision on how to resolve 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, such as photos or videos of the accident scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You can also testify about your personal memories of the incident and [Redirect Only] how it affected your life. Expert witnesses can also give testimony to support your claims. The lawyer representing the defendant can cross-examine the witnesses and object to the admissibility of evidence.

In a trial, the jury has to decide if the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury is also required to decide how much compensation you're entitled to. This is a complicated issue depending on how severe your injuries are and the extent of your losses. Your attorney will present your evidence including expert testimony from a witness regarding the severity of your injuries, your loss of income and future earnings potential and your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you could need to file a car accident lawsuit in court. This can be time consuming and expensive, yet it is often necessary to pursue compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a procedure that is formal in which both sides exchange information with one another). Your attorney will also file legal documents, known as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are resolved before trial is required.

If they feel that your injury claim is valid and you are willing to go to trial the insurance company will offer an appropriate settlement offer. In addition the settlement process is quicker and less risky than a trial.

Before settling the settlement, it's important that you fully understand the severity of your injuries and completed all medical treatment. You could lose out on additional compensation if settling a settlement until your doctor has determined that you have attained the maximum level of improvement in your medical condition. It is also important not to sign a contract before you have spoken with your lawyer about your injuries. Your lawyer will make sure that you don't miss out on a substantial amount of compensation. They will carefully examine your medical records and other documentation to make sure that you receive the total amount of damages to that you are eligible.