The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you need for your injuries, our hard-working attorneys will prepare a formal demand letter. It will detail all your financial losses including medical expenses and lost wages, and non-economic damages like suffering and pain.

A judge or jury will then come to a decision. If they decide in your favor they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is the most important aspect to obtain 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, such as police reports, and other official reports.

Photographs of the scene of the accident may aid your lawyer in determining what actually transpired in the accident, including the position of both cars after collision, skid marks, road debris and other physical evidence. Also, keep track of the names and contact numbers of any witnesses who were present at what transpired. Witnesses who testify to corroborate your account of what transpired is vital as it could be common for drivers to have conflicting accounts of what happened that results in insurance companies refusing to accept the claim, or even deny any responsibility at all.

Other types of evidence your lawyer could use include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge instructions, and other evidence that proves the extent of your injuries. You should seek these records as soon as possible and be sure to give copies to your healthcare providers.

Another form of evidence that your attorney might employ is a deposition which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and predicable connection to the accident and can be used to justify the compensation you deserve for your damages. While the majority of these types of evidence are gathered at the accident scene or soon afterward, some of it might not be available until later in the litigation process. This is why it's crucial to talk to a reputable car valparaiso accident law firm lawyer as soon as possible, so that they can begin investigating while the crucial evidence is in its purest form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from an experienced. A car accident attorney can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims and the amount of money you'd like to claim in damages. This form is usually prepared by an attorney, and filed in the court. It is also served on the defendant.

The discovery phase starts and allows both parties to exchange information regarding their claims and defenses. The process can take a considerable time and accident both teams may need to review a lot of documents like police reports and witness statements. They might also have to examine medical records, bills, and other documents. Each side may request interrogatories, which are a series of questions that the other party must answer under oath within a specified deadline.

During this stage, you lawyer will also collaborate with doctors to gather an accurate picture of your injuries and the impact they've affected your life. Your lawyer will calculate the total damages. This will include any future medical expenses as well as lost wages, suffering and pain and suffering, and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at the fault. This is more likely to happen after discovery and before the trial. If the insurance company refuses to provide a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, your case may move forward to trial. A jury or judge will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit, where your attorney and the insurance company exchange information that could assist or derail your claim. Your attorney will request copies of documents that support your case, including police reports, medical bills or work-related loss records (e.g., from your employer that outlines how much time you missed work because of the accident), photographs of your vehicle as well as any damages or injuries or other pertinent financial information. Your attorney will also make use of written discovery tools like interrogatories, requests for production and requests for admissions to interview witnesses and parties who are not in the case.

These written discovery tools are distributed back and forth between attorneys for both sides. The written discovery tools give the other side an opportunity to respond to questions in writing that must be answered under oath and to provide copies or other information that may be useful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident, as well as anyone with information regarding your injuries or damages that could be pertinent to your case. During a deposition, the at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or transcribing by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer develop a convincing case against the responsible party and their insurer in order to obtain a fair settlement for all of your damages as well as losses, expenses and costs. There is no assurance of a settlement in each case however, most do so during or after the investigation process, which usually completed prior to the trial.

4. Trial

The majority of car accident cases settle through out-of-court negotiations If you and the 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 a formal proceeding where both parties argue and present evidence to an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in opening statements to the jury, together with any evidence you may have, such as photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills. You can also provide testimony regarding your memory of the incident and how it has changed your life. Expert witnesses can also provide evidence to support your claims. The defendant's lawyer can interrogate witnesses and object to the admissibility of certain evidence.

In a trial, jurors must determine if the plaintiff's injuries were the result of the defendant's negligence. They will be examining proximate causes which is a complex legal concept that lawyers will spend many hours studying in law school. Proximate cause looks at the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It's a difficult issue because it depends on the severity of your injuries as well as the amount to which you've suffered. Your lawyer will present evidence that includes expert witness testimony about the severity of your injuries, the loss of income and future earnings potential and your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations in which you must settle your claim or start a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might have to file a car accident lawsuit in court. This can be time consuming and expensive, but it is usually necessary to pursue compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and attend hearings. Your attorney will also submit legal documents, referred to as motions, asking the court to take actions like excluding certain types of evidence from trial. Settlement negotiations may continue throughout this process, and many car chester accident lawyer civil disputes end before a trial needs to be held.

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

It is essential to be aware of the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatment. It is possible to lose additional compensation if settling an offer of settlement until your doctor has determined that you have reached the level of medical improvement that is the highest. You should also not sign the release until you've talked to your lawyer and had an accurate understanding of your damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will go through your medical records as well as other documents, to ensure that you receive all damages for which you qualify.