The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need to cover your injuries, our determined lawyers will draft a formal demand letter. This will include all of your financial damages such as medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit involving a car accident, proving the negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports such as police reports, and other official reports.

Your lawyer might be able to establish what happened during the accident by taking pictures of the scene, which include skid marks or road debris, as well as other physical evidence. Also, take note of the names and phone numbers of any witnesses who witnessed what occurred. Witnesses who testify to corroborate your version of the events is essential especially as it can be common for drivers to give contradicting reports of what happened, which can lead to insurance companies refusing to accept the claim or even denying any responsibility at all.

Other evidence that your lawyer could use include medical records, which may include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other evidence that proves the severity of your injuries. You should seek these documents as soon as is possible and ensure that you send copies to your healthcare providers.

Another form of evidence that your lawyer could use is a deposition, which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer could use the testimony to prove the fact that your injuries had an immediate and predicable connection to the crash and can be used to justify compensation for your losses. The majority of the evidence listed 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 legal process. This is why it's important to speak with a well-credentialed lawyer in the event of a car accident as soon as possible so that they can begin investigating while vital evidence is still in its most pure form.

2. Filing a Complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek professional legal advice. A car accident attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is to file an application with the court. This document will outline your specific claims as well as the amount you want to recover in damages. The document is usually written by your lawyer 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 take a considerable time, and both teams will have to look over a variety of documents like police reports and witness statements. They may also have to review medical documents or bills, as well as other documents. Each side may require interrogatories. These are a set of questions that the other party must answer under oath within a set timeframe.

In this phase, your lawyer will also collaborate with your doctor to get an accurate picture of your injuries as well as the impact that they've affected your life. Your lawyer will calculate your total damages. This will include any future medical expenses and lost wages, as well as the pain and suffering of others, and many more.

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This will most likely occur following the conclusion of discovery and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if the damages are important and not covered by insurance, you may be required to appear in court. A judge or jury will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. It is the point at which your attorney and negligent driver's insurer exchange information that can support or hurt your claim. Your attorney will request copies of the documents to prove your case. These include police reports, medical bills and work loss records from your employer (showing how much time you've missed due to the belfast accident lawyer) photographs of your vehicle and any damages or injuries, and other financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

These tools for discovery in writing are exchanged back and forth between the attorneys from both sides. The written discovery tools give the opposing side a chance to answer questions in writing that must be answered under oath. It also allows you to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident and anyone who has information about your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your responses are recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to assist your lawyer to build a strong and compelling case against the at-fault party as well as their insurer so that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case however the majority of them will settle during or following the investigation process, which is often completed before the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company do not agree on the source of your fault or the amount you are entitled to for your injuries. A trial is an official process where both parties are required to are required to argue their case and provide evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it like photos or videos of the scene as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also provide testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses can also testify to support your claims. The defendant's attorney can interrogate witnesses and contest the admissibility of specific evidence.

At trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will examine proximate cause which is a tangled legal concept that lawyers will spend many hours studying in law school. Proximate cause considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is another complicated issue, as it depends on the severity of your injuries and the severity 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, as well as future earnings potential and your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a deadline by which you can settle your claim, or even file an action. This is known as the statute of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It's costly and time-consuming, lawyers but it is often necessary to get 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 each other). Your lawyer will also file legal documents known as motions to ask the court to consider the exclusion of certain kinds of evidence at trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are settled before a trial is needed.

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

Before you agree to the settlement, it's crucial to fully comprehend the extent of your injuries and that you have completed all medical treatments. If you sign a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI), you could be denied additional compensation. You should also not sign a release until you have spoken to your lawyer about your injuries. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will look over your medical records, and other documentation to ensure that you receive all of the damages you are entitled to.