The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company refuses to provide you with the amount you need for your injuries. This letter will detail all of your economic losses such as medical expenses and lost wages as and non-economic losses such as pain and discomfort.

A jury or judge will then come to a decision. If they rule in your favor they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is vital in obtaining compensation for your injuries. Gathering evidence is among the first steps in the litigation process. it involves gathering documents including photographs, witness statements as well as official reports, such as police reports.

Photographs of the scene of the st augustine accident lawsuit could aid your lawyer in determining what actually transpired during the collision, including the location of both vehicles after impact, skid marks, road debris and other evidence that is physical. Note down the names and phone numbers of any witnesses who saw the incident. Having witnesses testify that corroborate your account of events is important particularly since it can be common for drivers to give contradicting versions of what transpired, which leads to insurance companies refusing to accept the claim or denying the responsibility completely.

Other evidence forms your lawyer could utilize include medical records, which could include receipts, bills diagnostic reports, lab results, discharge guidelines, and other documents that show the extent of your injuries. You should get these records as quickly as you can and give copies to your healthcare professionals.

Another type of evidence that your lawyer could utilize is a deposition, which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer may make use of this testimony to prove your injuries had an obvious, predicable connection to the accident. This is a good argument to support requesting compensation. While the majority of these types of evidence are gathered at the accident scene or shortly thereafter however, some evidence may not be accessible until later in the litigation process. This is why it's crucial to contact a reputable car accident lawyer as soon as possible so that they can begin an investigation when the evidence is in its most pure form.

2. Filing a complaint

Once the dust has settled and you have tended to your injuries, it's time to seek out legal counsel from an expert. An attorney for car accidents can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims and the amount you'd like to claim in damages. The document is usually written by your attorney, and then filed with the court and then served on the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a considerable time and both teams will require a thorough review of documents, including police reports and witness statements. They might also need to look at medical records or bills, as well as other documents. Each side may require interrogatories. These are a series of questions that each party must answer under oath within a specified date.

During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries as well as the impact they've affected your life. Your lawyer will calculate the total damages. This will include future and past medical expenses as well as lost wages, suffering and pain, and much more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver at the fault. This is most likely to occur following the conclusion of discovery and prior to trial. If the insurance company doesn't agree to a fair settlement, or if the damages are significant and not covered by insurance, you may be required to go to trial. A jury or judge will make a final decision in the case based upon all of 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 insurance company of the driver share information that could either support or hurt your claim. Your attorney will ask for copies of documents to support your claim. These documents include police reports medical bills, as well as work loss records from your employer (showing the amount of time you missed due to the accident) photographs of your vehicle as well as any injuries or damages and other financial details. Your attorney will also use written discovery tools such as interrogatories and requests for production, as well as request for admissions to question witnesses and parties who aren't present in the case.

These written discovery tools are shared between attorneys on both sides. The tools for writing discovery give the opposing party a chance to answer questions in writing, which must be sworn to under oath, and to provide copies or other information that could be helpful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the firebaugh accident lawsuit as well as anyone with information on your injuries or damages that could be pertinent to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your responses will either be recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to allow your lawyer to present an effective and convincing argument against the at-fault party as well as their insurance company so that you can receive a fair and complete settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle but the majority settle either during or after the discovery process, which can often be completed prior to the time your case reaches trial.

4. Trial

Trials are a possibility in situations where you and the insurance company do not agree on fault or the amount you should be awarded for your injuries. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who renders a verdict which settles the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to present your version of events in opening statements to the jury, along with any supporting evidence you have, including images or videos of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You may also testify on your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

At trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will be looking at the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you're entitled to. It is also a complicated matter because it is based on the extent of your injuries and the extent to which you have suffered. Your attorney will provide evidence which includes expert testimony regarding the severity of injuries that resulted in loss of income and earnings potential, as also your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, commonly referred to as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer can't reach a settlement with the insurance company, you may be required to start a lawsuit in the courtroom. This could be a lengthy process and expensive, yet it is usually necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents known as motions asking the court to consider the exclusion of certain types of evidence at trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are settled before a trial is necessary.

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

Before agreeing to a settlement, it is important that you fully understand the severity of your injuries. You must also have completed all medical treatment. If you agree to a settlement before your doctor determines that you have reached maximum medical improvement (MMI) it is possible to miss out on additional compensation. You should also not sign a contract before you have spoken with your lawyer about your injuries. Your lawyer will ensure you don't get a poor deal on compensation. They will carefully review your medical records and other documents to ensure that you get the full amount of damages for that you are eligible.