The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter in the event that the insurance company is unable to pay the amount you require for your injuries. This will include all of your financial damages including medical expenses and lost wages, and other damages that are not economic, like pain and suffering.

A jury or judge will then make a ruling. If they rule in your favor, they will award you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is vital to receive compensation for your injuries. Gathering evidence is among the first steps in the litigation process, and it involves gathering evidence, [Redirect Only] documents including photographs, witness statements as well as official reports, such as police reports.

Your attorney might be able to establish what happened in the Minnetrista Accident Law Firm by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and contact details of any eyewitnesses who saw what transpired. It is essential that witnesses confirm the events took place, as it can often be the case that drivers provide contradictory information that can lead to insurance companies denying or refusing liability.

Other types of evidence your lawyer might use include medical records. These could include bills, receipts diagnostic reports, lab results, discharge instructions, and other documents that show the extent of your injuries. You should seek these records as soon as you can and be sure to give copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney could employ. This is an out-of the court testimony that is under oath and later recorded by a Court Reporter. Your lawyer can make use of this testimony to prove your injuries had an immediate, obvious connection to the accident. This will help justify requesting compensation. Although the majority of the above types of evidence can be taken at the scene of the glendale Accident law firm or within a short time after but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as soon as possible, so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

When the dust has cleared and you've taken care of your injuries, it's time to seek out legal counsel from an expert. An attorney who has handled car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims that you are making and the amount you're seeking in damages. The document is usually written by your attorney and filed with the court and served to the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence that is related to their defenses and claims. The process can be long and requires both sides to go through a myriad of documents including police reports as well as witness statements and medical records, as well as bills and much more. Each side may request interrogatories. These are a series of questions that the other side must answer under oath in the specified timeframe.

Throughout this process your lawyer will work with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your attorney will calculate your total damages. This will include future and past medical expenses, lost wages, suffering and pain, and much more.

Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. This will most likely take place after the completion of discovery and before trial. If the insurance company refuses an equitable settlement, or if your damages are important and not covered by insurance, you may have to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will request copies of the documents to support your claim. These documents include police reports medical bills, as well as work loss records from your employer (showing the length of time you've missed because of the accident), photos of your vehicle damaged or injured as well as other financial data. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and parties who are not present.

These discovery tools written in writing are distributed back and forth between attorneys from both sides. Written discovery tools allow the opposing party a chance to answer questions in writing which must be answered under oath. It also allows you to provide copies of other information that could be useful to you.

Your Long Island car accident lawyer will also depose witnesses to the collision and anyone with information on your injuries or damage that could be crucial to your case. During a deposition the lawyer representing the person at fault will ask you questions, and your answers will either be recorded on video by a court reporter or transcribing.

These pretrial investigation processes are designed to help your lawyer create a compelling case against the person who is at fault and their insurer in order to secure a fair settlement for all your injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case however the majority of cases do so after or during the investigation process, which is usually completed prior to the trial.

4. Trial

Trials are possible in cases when you and the insurance company disagree regarding the fault of the other party or the amount of compensation you should receive for your injuries. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who renders a verdict that settles the issue. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the scene of the accident, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also testify about your memory of the incident, and how it affected your life. Expert witnesses can also give testimony to support your assertions. The lawyer of the defendant may cross-examine witnesses and object to admissibility of some evidence.

The jury will determine at trial whether the plaintiff's injury was caused by the defendant's reckless behavior. They will examine proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate cause looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you will be awarded. It's also a complicated issue because it is contingent on the extent of your injuries and the extent to which you've suffered. Your lawyer will present evidence which includes expert testimony regarding the severity of injuries that resulted in loss of income and earning potential, as well as your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations by which you must settle your claim or bring a lawsuit. If your lawyer is not able to negotiate a settlement with your insurance company, you may be required to make a court filing. It can be time-consuming and expensive, but it is often required to seek compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also make legal filings, also known as motions, requesting the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are resolved before a trial is needed.

If they believe that your injury claim is solid and that you are willing to go to trial the insurance company will offer an honest settlement offer. The settlement process is also quicker and less risky than the court trial.

Before settling on a settlement, it is important that you fully understand the extent of your injuries and that you have completed all medical treatment. It is possible to lose additional compensation if you agree to an offer of settlement until your doctor [Redirect Only] has concluded that you have reached the point of maximum improvement. It is also important not to sign a release before you've spoken with your lawyer about your damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will carefully review your medical records as well as other documents to make sure that you receive the total amount of damages for which you are entitled.