The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need to cover your injuries, our persistent attorneys will prepare an official demand letter. The letter will outline all of your financial losses such as medical costs and lost wages as well as non-economic damages like pain and discomfort.

A jury or judge will then take a call. If they rule in your favor you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is key to obtaining compensation for your losses and injuries. Gathering evidence is one of the initial steps in the process of litigation, and it requires gathering documents witnesses' testimony, photographs, and accident lawyer official reports, such as police reports.

Photographs of the scene of the accident might assist your attorney in determining what happened during the collision, including the location of both cars following the impact, skid marks, road debris, and other physical evidence. Record the names and contact numbers of any eyewitnesses that witnessed what transpired. Witnesses who testify that confirm your version of what happened is crucial as it could be common for drivers to have contradictory versions of what transpired, which can lead to insurance companies refusing to accept the claim or deny any responsibility at all.

Other forms of evidence your lawyer could use include medical records. These could include bills, receipts, diagnosis reports, lab results, discharge instructions and other evidence that demonstrates the extent of your injuries. You should seek these documents as soon as you can and be sure to provide copies to your healthcare providers.

Another type of evidence your attorney might employ is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer may use this testimony to establish your injuries were a direct, foreseeable link to the accident. This will help justify seeking compensation. While most of the above-mentioned kinds of evidence can be taken at the scene of the fountain valley accident lawyer or soon afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's crucial to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin investigating while vital evidence is still in its most pure form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal guidance from an expert. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with court, which outlines the specific claims that you're bringing and how much money you're seeking in damages. This type of document is typically drafted by an attorney, and filed in court. It is also served to the defendant.

The discovery phase begins by allowing both parties to share information regarding their claims and defenses. The process can be lengthy and requires both sides to look over a number of documents, including police reports and witness statements medical records, accident lawyer invoices and more. Each side may demand interrogatories. They are a series of questions the other party must answer under oath within a set timeframe.

During this stage, you lawyer will also work closely with doctors to get the full picture of your injuries as well as the impact that they've caused on your life. Your attorney will calculate your total damages. This will include any future medical expenses as well as lost wages, suffering and pain, and much more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at the fault. This will most likely occur following the conclusion of the discovery process and prior to trial. If the insurance company is unable to settle the claim in a fair manner or if you've sustained substantial damages that aren't covered by the insurance policy, the case may move forward to trial. A jury or judge will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and the negligent insurance company of the driver exchange information that could support or undermine your claim. Your attorney will request documents that can support your case, such as medical bills, police reports as well as work loss records (e.g. the records from your employer showing the amount of time you were absent from work because of the accident) photographs of your vehicle and any injuries or damages, and other relevant financial information. Your attorney will also use written discovery tools such as interrogatories and requests for production, as well as requests for admissions in order to question witnesses and other parties who aren't present in the case.

These written discovery tools are exchanged between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which must be answered under oath and to supply copies of certain documents or other information which could be beneficial to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision as well as anyone with information regarding your injuries or damage that could be crucial to your case. In a deposition, the attorney representing the at-fault party will ask you an array of questions and your responses will be recorded on video or transcribing by a court reporter.

The goal of these pretrial investigation processes is to enable your lawyer to construct an argument that is persuasive and strong to the party at fault and their insurer in order that you are able to secure a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case but the majority of them will settle during or following the investigation process, which is typically completed before the trial.

4. Trial

Although the majority of car accidents are settled through informal negotiations If you and the insurance company aren't in agreement on the cause or how much compensation you should receive for your injuries, your case may go to trial. A trial is a formal process in which both sides are required to argue their case and provide evidence before the factfinder, who makes an announcement to settle the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will give your account of the events in your opening statements to the jury, and any supporting evidence you have, such as photos or video of the accident scene, testimony from witnesses and medical professionals, and documents such as medical bills and police reports. You may also testify about your memory of the incident, and how it impacted your life. Expert witnesses can also provide evidence to support your assertions. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility of evidence.

At trial, the jury must decide if the plaintiff's injuries were caused by the negligence of the defendant. They will examine the proximate causes, which is a complicated legal concept that law students have to spend hours studying. Proximate cause examines the degree of connection 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 thorny issue due to how severe your injuries are and the extent of your losses. Your attorney will provide evidence, including expert testimony, regarding the severity of your injuries loss of income, future earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Every state has a deadline by which you can settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might have to file a car accident lawsuit in the court. It is costly and time-consuming, but this is often necessary to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where each side exchanges information with each other). Your lawyer will also file legal documents called motions that ask the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are resolved before trial is required.

If they believe that your injury claim is valid and you are willing to go to trial Insurance companies will offer an appropriate settlement offer. In addition, the settlement process is more efficient and less risky for them than a trial.

It is crucial to be aware of your injuries prior to an agreement. It is also important to have completed all medical treatment. If you sign a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) it is possible to be denied additional compensation. Additionally, you should not sign a release until you have spoken with your lawyer and received full understanding of your losses. Your attorney will ensure that you don't be denied compensation that is valuable. They will carefully review your medical records and other evidence to ensure that you receive the full amount of damages to which you are eligible.