The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need to cover your injuries, our tenacious lawyers will draft an official demand letter. The letter will list all of your financial losses such as medical expenses, lost wages as also non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Gathering evidence is among the first steps in the process of litigation, and it involves gathering evidence, documents such as photographs, witness testimony and official reports, such as police reports.

Photographs of the scene of the accident can help your attorney establish what actually transpired during the collision, including the location of both cars following the impact, skid marks, road debris and other evidence that is physical. Record the names and contact information of any witnesses who saw what happened. Having witnesses testify that corroborate your account of events is important as it could be common for drivers to have conflicting accounts of what happened that can lead to insurance companies refusing to accept the claim or deny the responsibility completely.

Other forms of evidence your lawyer may use include medical records. These could include bills, receipts diagnostic reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. You should get these documents as soon as is possible and give copies to your healthcare professionals.

A deposition is a different type of evidence your lawyer can use. It is an out-of court statement made under oath and later translated by a court reporter. The lawyer can use the testimony to establish the fact that your injuries had an immediate and clear connection to the crash and can be used to justify the compensation you deserve for your damages. Most of the evidence mentioned above can be gathered at the scene of the accident or within a short time however, some might not be available until much later in the litigation. It's crucial to speak with a lawyer for car accidents with the appropriate credentials as soon as you can so they can begin an inquiry when the evidence is in its most natural form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from an experienced. An attorney for car accidents can provide the expertise needed to help you get the most compensation for your claim.

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

It also kicks off the discovery phase, which allows both sides to exchange information and documents related to their defenses and claims. The process can be long and requires both sides to review many documents, including police reports, witness statements and medical records, as well as bills and much more. Each side can request interrogatories. They are a set of questions which the other side has to answer under oath within the specified timeframe.

In this phase your lawyer will collaborate with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your attorney will calculate your total damages including the future and past medical expenses, lost earnings, suffering and pain and much more.

Your lawyer might be able to reach a settlement deal 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 is unwilling to offer an equitable settlement, or if the damage is important and not covered by insurance, then you may be required to appear in court. A judge or Lake Stevens Accident Lawsuit jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an essential step in any car hopatcong accident attorney case. It is the point at which your attorney and the negligent insurer of the driver exchange information that can support or hurt your claim. Your attorney will request copies of documents to support your case. These include police reports, medical bills and work loss documents from your employer (showing the amount of time you've missed because of the accident), photos of your vehicle and any damages or injuries and financial information. Your lawyer will also make use of written discovery tools such as interrogatories request for production, interrogatories and request for admissions to question witnesses and parties who are not in the case.

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

Your Long Island car accident attorney will also depose witnesses and anyone who has information about your injuries or damages which could be essential to your case. During a deposition lawyer representing the party at fault will ask you a series of questions, and your answers will be recorded on video or translated by a court reporter.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the responsible party and their insurance company in order to secure an equitable settlement for all your injuries, expenses and losses. There is no guarantee of a settlement in every case however, most do so during or after the investigation process, which is often completed prior to the trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court If you and the insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case could go to trial. A trial is a formal procedure where both sides present arguments and evidence to a factfinder, who makes a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence, such as photos or videos of the accident scene, testimony from witnesses and [empty] medical professionals, or documents like police reports and bills. You may also testify about your personal memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer of the defendant may interrogate witnesses and object to admissibility of some evidence.

The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will look at proximate cause, a complicated legal concept that lawyers spend countless hours studying in law school. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you should receive. This is a complicated issue because it is contingent on the severity of your injuries and the severity of your losses. Your lawyer will present evidence which includes expert testimony from a witness regarding the severity of your injuries, your loss of income, and future earnings potential, as well as your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer is not able to come to a deal with the insurer, you may have to bring a lawsuit to court. It can be lengthy and costly, however it is often necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where both sides exchange information with the other). Your lawyer will also file legal documents, known as motions, asking the court to do things like exclude certain types of evidence from trial. Settlement negotiations can be ongoing throughout the entire process, and most civil disputes in car accidents settle before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and 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 the settlement, it's important to understand the extent of your injuries. You must also have completed all medical treatment. If you agree to a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI), you could not be eligible for additional compensation. Also, you should not sign a release until you have spoken with your lawyer and had full understanding of your damages. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records and other documentation, to ensure that you receive all of the damages you are entitled to.