The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if the insurance company refuses to provide you with the amount you need for your injuries. This letter will provide a detailed description of your economic damages such as medical expenses and lost wages, as in addition to non-economic damages like discomfort and pain.

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

1. Gathering Evidence

In a case of a car crash lawsuit, proving the negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Collecting evidence is one the first steps of the process of litigation, and it involves gathering documents including photographs, witness statements, and official reports such as police reports.

Photographs of the scene of the accident can assist your attorney in determining what actually transpired in the collision, including the positions of both vehicles after impact, skid marks, road debris and other evidence that is physical. Note down the names and phone numbers of any eyewitnesses that witnessed what transpired. Having witnesses testify that corroborate your account of events is important particularly since it can be common for drivers to have contradictory reports of what happened, which leads to insurance companies refusing to accept the claim, or even deny any responsibility at all.

Medical records can also be used by your lawyer to demonstrate the severity of your injury. They could include bills, Vimeo receipts and lab results, diagnose reports, discharge directions and other records. You should obtain these documents as soon as you can and be sure to provide copies to your healthcare professionals.

Another type of evidence that your attorney may make use of is a deposition which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer may utilize the testimony to prove that your injuries have an immediate and clear connection to the pocola accident lawyer and, therefore, can justify the need for compensation for your damages. Most of the evidence mentioned above can be gathered at the site of the accident or soon after however, some might not be available until later in the litigation. It's important to contact an attorney for car accidents with the right credentials immediately so that they can begin an inquiry as evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, it's best to seek legal guidance from an expert. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is to file a complaint with court, which outlines the specific claims that you're making and how much money you're seeking in damages. The complaint is typically written by your attorney, and then filed with the court and served on the defendant.

This also triggers the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can be lengthy and requires both teams to look over a number of documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side may request interrogatories. These are a series questions which the other side must answer under oath within the timeframe specified.

Throughout this stage the lawyer will collaborate with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they have had on your daily life. Your lawyer will then estimate your total damages that include the past and future medical costs and lost earnings, as well as suffering and pain, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This will most likely be the case following the completion of discovery and before trial. However, if the insurance company refuses to offer a fair settlement or if you have incurred significant damage that is not covered by the insurance policy, your case could be referred to trial. A jury or judge will make a final decision in the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. It is the point at which your attorney and the negligent driver's insurer share information that could either support or derail your claim. Your attorney will seek copies of all documents to prove your case. This includes police reports as well as medical bills and work loss documents from your employer (showing how much time you missed due to the accident) photos of your vehicle damaged or injured as well as other financial data. Your attorney will also use written discovery tools like interrogatories or requests for production as well as requests for admissions to interview witnesses and other parties who are not in the case.

These written discovery tools are exchanged back and forth between attorneys for both sides. They provide the opposing party the chance to respond to questions in writing, which must be answered under oath, and to provide copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident attorney will also interview witnesses and any other person with information about your injuries or damages which could be vital to your case. During a deposition the lawyer of the at-fault person will ask you questions and your responses will be recorded on video by a court reporter or transcribed.

These pre-trial investigation procedures are designed to help your lawyer construct a compelling case against the at-fault person and their insurer in order to negotiate a fair settlement for all of your injuries or losses, as well as expenses. While there is no guarantee that every case will settle, the majority do in the course of or following the discovery process, which is often be completed prior to the time your case goes to trial.

4. Trial

Trials can be arranged in situations where you and the insurance provider disagree on the source of your fault or the amount you should receive for your injuries. A trial is an official process in which both sides present their arguments and evidence to a factfinder who makes an announcement to settle the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it, such as photos or videos of the scene or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it has had an impact on your life. Expert witnesses can also testify to support your claims. The defendant's lawyer can interrogate witnesses and object to the admissibility or validity of certain evidence.

The jury will decide in the trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will consider the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. This is another complicated issue due to how severe your injuries are and the extent of your losses. Your lawyer will present evidence which includes expert witness testimony about the severity of your injuries, your lost income, as well as future earnings potential in addition to your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a specific deadline that you must meet to settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you might need to file a car accident lawsuit in the court. This could be a lengthy process and expensive, but it is often necessary to pursue compensation.

During the discovery process, your Long Island vimeo personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents referred to as motions that ask the court to consider excluding certain types of evidence at trial. Settlement negotiations can go on throughout the process, and most car accident civil disputes end before a trial is required to be held.

If they feel that your injury claim is valid and you are willing to go to trial insurance companies will make an acceptable settlement offer. Additionally, the settlement process is more efficient and less risky for them than a trial.

Before settling an agreement, it's important that you fully understand the severity 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 maximum medical improvement (MMI), you could not be eligible for additional compensation. Don't sign an agreement until you have spoken with your lawyer and had an accurate understanding of your losses. Your attorney will ensure that you do not be denied compensation that is valuable. They will carefully review your medical records and other documents to ensure that you receive the entire amount of damages for which you are eligible.