The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount you require for your injuries, our tenacious attorneys will prepare a formal demand letter. This letter will detail all of your economic losses such as medical costs and lost wages, as in addition to non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your losses and injuries. The gathering of evidence is one of the first steps in the litigation process. it requires gathering documents witnesses' testimony, photographs, and official reports like police reports.

Your attorney might be able to establish what happened during the accident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Also, note the names and contact details of any eyewitnesses who witnessed the incident. Having witnesses testify that corroborate your version of the events is essential particularly since it can be common for drivers to have contradictory versions of what transpired, which causes insurance companies to refuse to accept the claim, or even deny any responsibility at all.

Other evidence that your lawyer may use include medical records, which can include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other evidence that proves the severity of your injuries. It is important to obtain these records as soon as possible and be sure to provide copies to your healthcare providers.

A deposition is a different type of evidence that your attorney may utilize. It is an out-of the court testimony that is under oath, and then recorded by a Court Reporter. Your lawyer may make use of this testimony to prove your injuries had a clear, identifiable connection to the accident. This helps to justify seeking compensation. The majority of the evidence mentioned above can be collected at the site of the crash or shortly after, but some may not be available until later in the litigation. It's important to contact an attorney in the case of a car crash with the appropriate credentials immediately so they can begin an investigation while the evidence is still in its purest form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from an experienced. A lawyer for car accidents will be able to provide the expert advice you require to ensure you receive the maximum compensation for your claim.

The first step is filing an application with the court. The complaint will detail your specific claims and the amount you'd like to claim in damages. This document is typically drafted by your lawyer and filed with the court and served on the defendant.

This also initiates the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can take a long duration and both teams will require a thorough review of documents including police reports and witness statements. They might also have to review medical records or bills, as well as other documents. Each side can request interrogatories, which are a series of questions which the other party must answer under oath by a predetermined date.

In this phase, your lawyer will also collaborate with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will calculate your total damages. This will include past and upcoming medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely after discovery and prior to trial. If the insurance company refuses an equitable settlement, or if your losses are significant and are not covered by insurance, then you may be required to appear in court. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial step in any car accident case. It is the point at which your attorney and negligent insurer for the driver exchange information that could help or derail your claim. Your attorney will request copies of documents to prove your case. These documents include police reports medical bills, work loss records from your employer (showing the amount of time you've missed because of the jenkintown accident law firm) photographs of your vehicle as well as any injuries or damages and financial information. Your lawyer will also make use of written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that are not part of the case.

These tools for discovery are used to exchange information between attorneys on both sides. The written discovery tools provide the opposing side an opportunity to answer questions in writing which must be sworn to under oath, and to provide copies of other information that might be helpful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the alameda accident law firm and also any person who has information about your injuries or damages that could be pertinent to your case. During a deposition, your lawyer representing the party at fault will ask you questions and your responses are recorded on video by the court reporter or translated.

The goal of these pre-trial investigation procedures is to assist your lawyer to present an argument that is convincing and persuasive against the at-fault party as well as their insurance company so that you can secure a full and fair settlement for your losses, injuries and expenses. Although there is no guarantee that every case will settle however, the majority of cases settle in the course of or following the discovery process, which is often be completed prior to the time your case is brought to trial.

4. Trial

The majority of car jasper accident lawyer cases settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, your case could go to trial. A trial is a formal process where both sides submit arguments and evidence to a factfinder who issues a decision that resolves the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence like photos or videos of the accident scene as well as testimony from witnesses and medical professionals, documents like police reports and bills. You may also testify about your memory of the incident, and how it impacted your life. Expert witnesses will also provide evidence to support your claims. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of specific evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate causes, a complex legal concept that law students spend hours studying. Proximate causes considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also decide how much compensation you will be awarded. It's a difficult issue because it is contingent on the severity of your injuries and the amount to which you've suffered. Your attorney will present your evidence including expert testimony from a witness regarding the severity of your injuries, your lost income, as well as future earnings potential and your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit to settle your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer is not able to come to a deal with the insurer, you may have to start a lawsuit in the courtroom. It can be lengthy and costly, however it is usually necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions to request the court for certain things, such as the exclusion of certain kinds of evidence during trial. Settlement negotiations can be ongoing throughout the entire process, and a majority of civil disputes arising out of car accidents will end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and you'll be willing to go to trial. Settlements are faster and less risky compared to the court trial.

It is important to understand the extent of your injuries prior to agreeing to the settlement. You must also have completed all medical treatments. You may not receive additional compensation if settling a settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. Don't sign an agreement until you have met with your lawyer and had an accurate understanding of your losses. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records and other documents to make sure that you get the full amount of damages to which you are eligible.