The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if an insurance company is unable to pay the amount you need for your injuries. This will outline all your economic damages like medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

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

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the accident might help your attorney establish what actually transpired in the collision, including the positions of both vehicles after collision, skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who witnessed what occurred. Witnesses that testify to support your version of what happened is crucial as it could be common for drivers to have contradictory versions of what transpired, which results in insurance companies refusing to accept the claim, or even deny the responsibility completely.

Other evidence that your lawyer could utilize include medical records, which can include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that demonstrates the severity of your injuries. It is important to obtain these records as soon as you can and send copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney may employ. This is an out-of the court testimony that is under oath, which is then recorded by a Court Reporter. Your lawyer may use the testimony to establish that your injuries had a direct and foreseeable connection to the accident and, therefore, can justify the need for Accident Lawsuit compensation for your losses. While the majority of the above types of evidence can be gathered at the accident scene or soon afterward but some of the evidence might not be accessible until later in the litigation process. It is crucial to contact a car athens accident lawyer lawyer with the right credentials immediately to start an inquiry when the evidence is in its most natural form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal advice from an experienced. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is filing an application with the court. It will describe your specific claims and the amount of money you want to recover in damages. This document is usually drafted by an attorney and filed in the court. It is also delivered to the defendant.

The discovery phase starts, allowing both parties to share information regarding their claims and defenses. The process can take a considerable duration and both teams will be required to examine a large number of documents, including police records and witness statements. They might also need to review medical records and bills as well as other documents. Each side can require interrogatories. These are a series of questions that each party must answer under oath, within a specific date.

Throughout this process, your lawyer will also collaborate with doctors to ensure they have a complete understanding of the severity of your injuries as well as the impact they have affected your daily routine. Your lawyer will then calculate your total damages that include past and future medical expenses, lost earnings, suffering and pain, and more.

Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. This is more likely to occur following discovery, but before trial. If the insurance company is unable to settle the claim in a fair manner or if you've incurred significant losses that aren't covered by the insurance policy, your case may go to trial. A judge or jury will decide on the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company exchange information that may support or damage your claim. Your attorney will request copies of documents to prove your case. These documents include police reports, medical bills and work loss documents from your employer (showing the length of time you were absent due to the accident), photos of your vehicle damaged or injured, and other financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to question witnesses and parties who are not present.

These documents are exchanged between attorneys from both sides. The written discovery tools provide the opposing side a chance to respond to questions in writing that need to be answered under oath. It also allows you to provide copies of other information that could be useful to you.

Your Long Island car lawrence accident lawyer lawyer will also depose witnesses to the collision and any person who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer representing the party at fault will ask you several questions, and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation processes are designed to help your lawyer create a compelling case against the person who is at fault and their insurance company in order to secure an equitable settlement for all of your damages and losses, costs and expenses. Although there is no guarantee that every case will settle, the majority do either during or after the discovery process, which may be completed before your case is brought to trial.

4. Trial

Trials are possible where you and the insurance provider disagree on fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding in which both sides 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 usually a jury.

During the trial your lawyer will be able to explain your story in your opening statements to the jury, together with any evidence you may have, such as photographs or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your claims. The lawyer of the defendant may cross-examine witnesses and challenge to admissibility of some evidence.

The jury will determine at trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will examine proximate cause which is a complex legal concept that lawyers have to spend many hours studying in law school. Proximate causes 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're entitled to. This is a more complicated matter depending on the severity of your injuries and the severity of your losses. Your lawyer will present evidence including expert witness testimony about the severity of your injuries, your lost income and future earnings potential in addition to your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a deadline by which you can resolve your claim or file an action. This is referred to as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, then you might need to file a car accident lawsuit in court. This could be a lengthy process and expensive, yet it is usually necessary to pursue compensation.

During this process the Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and will attend hearings. Your lawyer will also submit legal documents, referred to as motions, asking the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are resolved before a trial is necessary.

If they feel that your injury claim is solid and that you are willing to go to trial, insurance companies will make an acceptable settlement offer. Settlements are quicker and less risky than the court trial.

It is important to fully understand your injuries before you agree to a settlement. You must have completed all medical treatments. It is possible to lose additional compensation if settling a settlement until your doctor has confirmed that you have achieved the level of medical improvement that is the highest. Also, you should not sign the release until you've met with your lawyer and have full understanding of your damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the full amount of damages for which you are eligible.