The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter in the event that the insurance company refuses to pay the amount you're entitled to for your injuries. The letter will outline all of your economic damages like medical expenses and lost wages as well as non-economic damages such as pain and discomfort.

Then a jury or judge will take a call. If they make a decision in your favor, you will be awarded damages, and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an franklin Accident lawyer in a car the proof of negligence is essential to receiving compensation for your injuries. Gathering evidence is among the initial steps in the litigation process, and it involves gathering evidence, documents, photographs, witness testimony and official reports, such as police reports.

Photographs of the scene of the accident can help your attorney establish what actually transpired in the accident, including the position of both vehicles after collision, skid marks, road debris and other physical evidence. Record the names and phone numbers of any witnesses who saw what happened. It is essential that witnesses corroborate the events that were actually happening, as it may often happen that drivers will give contradictory information that can lead to insurance companies denying or refusing responsibility.

Medical records can also be used by your lawyer in order to prove the severity of your injury. They could include receipts, bills, lab results, diagnosis reports, discharge directions and other forms of documentation. You should obtain these documents as soon as you can and provide copies to your healthcare providers.

Another form of evidence your attorney might employ 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 could use this testimony to establish your injuries were a direct, foreseeable link to the accident. This can be used to justify requesting compensation. While the majority of the above types of evidence can be taken at the scene of the accident or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. This is why it's crucial to talk to a reputable car accident lawyer as quickly as possible, so that they can begin investigating when the evidence is in its purest form.

2. Making a complaint

Once the dust has settled and you've taken care of your injuries, it's time to seek legal advice from a professional. A lawyer from a car garfield accident law firm 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 have filed and the amount you are seeking in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.

The discovery phase begins and allows both parties to share information regarding their claims and defenses. The process can take a long time and both teams will require a thorough review of documents including police reports and witness statements. They may also have to review medical records, bills, and other documents. Each side may ask for 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 work closely with doctors to gather a full picture of your injuries as well as the impact they've affected your life. Your attorney will then calculate the total damages you have suffered that include the future and past medical expenses, lost earnings, suffering and pain, and more.

Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is most likely to occur after the completion of discovery, but before trial. However, if the insurance company is unable to settle the claim in a fair manner or if you have incurred significant losses that aren't covered by the insurance policy, your case could be referred to trial. A jury or judge will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. It is the point at which your attorney and the negligent insurer of the driver exchange information that can support or hurt your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills and work loss records (e.g. the records from your employer showing how much time you missed work due to the accident) photos of your car and any damage or injuries or other pertinent financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These tools for discovery in writing are sent back and forth between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing that need to be answered under oath and to provide copies of other information that may be useful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding the damages or injuries you sustained that could be crucial to your case. During a deposition at-fault party's lawyer 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 assist your lawyer develop a convincing case against the person who is at fault and their insurer in order to get an equitable settlement for all your injuries and losses, costs and expenses. There is no assurance of a settlement in every case however, the majority of them will settle during or following the investigation process, which usually completed before the trial.

4. Trial

Trials are possible in cases where you and the insurance company do not agree about who is at fault or the amount you are entitled to for your injuries. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence, such as photos or videos of the scene or testimony from witnesses, medical professionals, and documents such as police reports and bills. You can also offer testimony regarding your memory of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The lawyer of the defendant may cross-examine witnesses and object to admissibility of some evidence.

At trial, the jury will decide if the plaintiff's injuries were caused by the defendant's negligence. They will examine proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you should receive. It's also a complicated issue due to the severity of your injuries and the degree to which you've suffered. Your lawyer will present your evidence that includes expert witness testimony on the severity of your injuries, your lost income and future earnings potential, as well as your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may require filing a car accident lawsuit in court. It can be expensive and time-consuming, however it is often necessary to seek 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 be present at hearings. Your lawyer will also file legal documents called motions that ask the court for specific things such as the exclusion of certain types of evidence during trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are resolved before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you are willing to go to trial. In addition, the settlement process is quicker and less risky than a trial.

It is essential to fully understand your injuries before you agree to the settlement. You should also have completed all medical treatment. You may not receive additional compensation if you agree to the settlement before your doctor has confirmed that you have achieved the maximum medical improvement. Additionally, you should not sign a release until you've spoken with your lawyer and had a complete understanding of your damages. Your lawyer will make sure that you don't be denied compensation that is valuable. They will go through your medical records and other documents, to ensure that you receive all damages you are entitled to.