The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need for your injuries, our hard-working attorneys will prepare an official demand letter. The letter will outline all of your economic damages such as medical costs and lost wages as also non-economic damages like discomfort and pain.

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

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is essential to receive compensation for your injuries and losses. Gathering evidence is one of the first steps in the process of litigation, and it involves gathering evidence, documents witnesses' testimony, photographs as well as official reports such as police reports.

Your attorney may be able to establish what happened in the accident by taking pictures of the scene, which include skid marks and road debris as well as other physical evidence. Take down the names and phone numbers of any witnesses who witnessed what transpired. Witnesses who testify that confirm your version of the events is essential particularly since it can be common for drivers to have contradictory reports of what happened, which can lead to insurance companies refusing to accept the claim or deny responsibility completely.

Medical records can also be utilized by your lawyer to prove the severity of your injuries. These documents may include bills, receipts, lab results, diagnosis reports, discharge instructions and other documentation. It is important to obtain these records as quickly as you can, and also provide copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney may use. It's an out-of court statement made under oath, and then translated by a court reporter. The lawyer can use the testimony to prove that your injuries have a direct and Accident Lawyer foreseeable connection to the accident which can help justify the compensation you deserve for your damages. Although the majority of the above types of evidence can be obtained at the scene or soon afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to consult a highly-credentialed car accident lawyer as soon as you can so that they can begin investigating as evidence is in its purest form.

2. The process of filing a complaint

After the dust has settled and you have tended to your injuries, it's 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 a complaint with court, Accident attorney which lists the specific claims you're bringing and the amount you are seeking in damages. This type of document is typically drafted by an attorney and then filed in court. It will also be given to the defendant.

This also begins the discovery phase which allows both sides to exchange information and documents related to their claims and defenses. The process can be very long and requires both sides to go through a myriad of documents including police reports as well as witness statements medical records, invoices and more. Both sides can request interrogatories. These are a set of questions that the other side must answer under oath in the timeframe specified.

In this phase, your lawyer will also work closely with your doctor to get an accurate picture of your injuries as well as the impact they've caused on your life. Your lawyer will estimate the total damages. This will include future and past medical expenses as well as lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer could be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely following discovery, but before trial. If the insurance company doesn't agree to an equitable settlement, or if your damages are important and not covered by insurance, then you may be required to appear in court. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will ask for copies of the documents that support your case, including medical bills, police reports or work-related loss records (e.g. an email from your employer indicating how much time you missed work because of the accident) photos of your car and any damage or injuries as well as other financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to question witnesses and other parties who are not present.

These written discovery tools are distributed back and forth between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which must be sworn to under oath, and to provide copies of specific documents or other information which could be beneficial to your case.

Your Long Island car accident attorney (www.bytecheck.com explains) will also question witnesses and anyone who has information regarding your injuries or damages that could be essential to your case. During a deposition the lawyer representing the person at fault will ask you questions, and your answers could be recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to enable your lawyer to present an argument that is convincing and persuasive to the at-fault party and their insurer, so that you can receive a full and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case but the majority of them will settle during or following the investigation process, which is usually done prior to trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement regarding the fault of the other party or the amount you should receive for your injuries. A trial is an official process where both parties are required to present arguments and evidence before a factfinder who makes a decision to resolve 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 evidence supporting it that may be presented, including photographs or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You can also provide testimony regarding your memories of the incident and how it has had an impact on your life. Expert witnesses can also offer evidence to back up your claims. The lawyer representing the defendant can cross-examine the witnesses and object to the admissibility of evidence.

At trial, the jury will decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate cause an intricate legal concept that lawyers spend many hours studying during law school. Proximate cause 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 also a complex issue due to the extent of your injuries and the amount to which you've suffered. Your lawyer will present evidence, including expert witness testimony on the severity of your injuries, Accident Attorney the loss of income and future earnings potential in addition to your pain and suffering disfigurement, impairment, and.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations, by which you must settle your claim or bring a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you could have to file a car accident lawsuit in the court. This can be time consuming and costly, but it is often required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where both sides exchange information with each other). Your attorney will also make legal filings, also known as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are settled before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to go to trial. The settlement process is also faster and less risky compared to a court trial.

It is important to be aware of your injuries prior to a settlement. You must also have completed all medical treatments. If you agree to a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) then you could not receive additional compensation. Also, you should not sign a release until you have had a conversation with your lawyer and gained a complete understanding of your losses. Your lawyer will ensure that you don't lose out on valuable compensation. They will look over your medical records and other documentation to ensure that you are entitled to all of the damages that you are entitled to.