The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount of money you require for your injuries, our hard-working lawyers will draft an official demand letter. This will list all your financial losses including medical expenses and lost wages, as well as non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving negligence and liability is essential to receive compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports such as police reports, and other official reports.

Your lawyer might be able to establish what happened during the incident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Take down the names and phone numbers of any witnesses who were present to witness what transpired. Witnesses who testify to corroborate your version of what happened is crucial, especially since it can be common for drivers to have conflicting reports of what happened, which leads to insurance companies refusing to accept the claim or even denying responsibility altogether.

Other evidence that your lawyer could utilize include medical records, which may include bills, receipts diagnose reports, lab results, discharge instructions, and other documents that show the severity of your injuries. You should get these records as quickly as possible and provide copies to your healthcare providers.

Another type of evidence that your attorney may make use of is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer can utilize the testimony to prove that your injuries had an immediate and predicable connection to the crash which can help justify compensation for your damages. The majority of the evidence mentioned above is available at the scene of the accident or shortly afterwards however, some might not be available until later in the litigation. This is why it's important to contact a reputable car accident lawyer as soon as possible, so that they can begin the investigation while the crucial evidence is in its most pure form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from a professional. A lawyer from a car accident can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims you're bringing and the amount of money you are seeking in damages. The document is usually written by your attorney and filed with the court and served to the defendant.

This also triggers the discovery phase which allows both sides to exchange information and evidence related to their claims and defenses. The process can be long and requires both parties to go through a myriad of documents including police reports, witness statements medical records, bills and much more. Each side can demand interrogatories. They are a set of questions which the other party must answer under oath within a set time frame.

In this phase, your lawyer will also work closely with your doctor to get a full picture of your injuries and the impact they've affected your life. Your lawyer will then estimate your total damages, which will include past and future medical expenses and lost earnings, as well as suffering and pain, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. It is likely to occur following the conclusion of discovery and prior to trial. If the insurance company is unwilling to offer a fair settlement, or if your damages are significant and not covered by insurance, then you could be required to appear in court. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and negligent insurer of the driver share information that could either support or hurt your claim. Your attorney will request documents that can support your case, including police reports, medical bills or work-related loss records (e.g. an email from your employer that outlines how long you missed work because of the accident), photographs of your vehicle and any damage or injuries or other pertinent financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to question parties and witnesses who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. They give the opposing party a chance to respond to questions in writing, that must be sworn to 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 depose witnesses to the collision and any person who has information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the party at fault will ask you several questions, and your responses will be recorded on video, or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to present a strong and compelling case to the responsible party and their insurance company so that you can secure an adequate and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle but the majority settle in the course of or following the discovery process, which can often be completed prior to the time your trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations however, if you and your insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder, who makes a ruling that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury, as well as any other evidence you have, such as images or videos of the mendota accident attorney scene, testimony from people who witnessed the Wauseon accident attorney and medical professionals, and documents such as police reports and medical bills. You can also testify about your personal memories of the incident, and how it affected your life. Expert witnesses will also provide testimony to support your claims. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, the jury must determine if the plaintiff's injuries were the result of the defendant's negligence. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate cause looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you're entitled to. It's a difficult matter because it is based on the severity of your injuries as well as the amount to which you've suffered. Your attorney will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, your loss of income, and your future earnings potential, as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit by which you can settle your claim or bring a lawsuit. This is referred to as the statute of limitations. If your lawyer is unable to reach a settlement with the insurer, you may have to file a lawsuit in court. This can be time consuming and expensive, yet it is usually required to seek compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and also attend hearings. Your attorney will also make legal filings, also known as motions, asking the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process, and a lot of car chester accident lawsuit civil disputes end before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is strong and that you are willing to go to trial. Settlements are quicker and less risky than a court 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. It is possible to lose additional compensation if you accept an offer of settlement until your doctor has concluded that you have reached the maximum level of improvement in your medical condition. Don't sign a release before you have spoken to your lawyer regarding your damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will go through your medical records and other documentation to ensure that you receive all the damages that you are entitled to.