The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you need to cover your injuries. This will include all of your economic damages including medical expenses and lost wages, as well as other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence is crucial to obtaining compensation for your injuries. The gathering of evidence is one of the first steps of the litigation process. it involves collecting documents, photographs, witness testimony, and official reports such as police reports.

Your attorney may be able to establish the circumstances of the incident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Take down the names and contact information of any witnesses who witnessed what happened. It is important to have witnesses to verify the events that occurred, as it can often be the case that drivers offer contradictory statements that result in insurance companies refusing or denying responsibility.

Medical records can also be used by your lawyer to prove the extent of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge instructions and other records. You should get these records as quickly as you can and send copies to your medical professionals.

Another type of evidence that your attorney may employ is a deposition which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer may use the testimony to prove that your injuries have had an immediate and predicable connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. While the majority of the above kinds of evidence can be obtained at the scene or within a short time after, some of it might not be available until later in the litigation process. It's important to contact a car arizona accident attorney; continue reading this, lawyer with the right credentials immediately to begin an investigation while the evidence is in its purest form.

2. The process of filing a complaint

Once the dust has settled and you've taken care of your injuries, it's time to seek out legal counsel from an expert. A car accident attorney will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims that you're making and how much money you are seeking in damages. This document is usually drafted by an attorney and filed in court. It is also given to the defendant.

This also triggers the discovery phase which allows both sides to exchange information and documents related to their claims and defenses. The process can take a long time, and both teams will require a thorough review of documents like police reports and witness statements. They may also have to review medical documents as well as bills and other documents. Each side can demand interrogatories. They are a series of questions that the other party must answer under oath within a specified time frame.

In this stage your lawyer will work with doctors to ensure they have a complete picture of the extent of your injuries and the impact they have affected your daily routine. Your attorney will calculate your total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company refuses a fair settlement or if your damages are significant and are not covered by insurance, then you may have to go to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car hampton accident lawyer lawsuit, where your attorney and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will request copies of documents that support your case. These include police reports, medical bills and work loss records from your employer (showing how much time you missed due to the accident) photos of your vehicle, any injuries or damages and other financial details. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. The written discovery tools provide the opposing side a chance to respond to questions in writing which must be sworn to under oath, and to provide copies of other information that could be useful to you.

Your Long Island car accident attorney will also question witnesses and anyone who has information about your injuries or damages that could be crucial to your case. During a deposition attorney representing the at-fault party will ask you a series of questions, and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to help your lawyer develop a convincing case against the at-fault person and their insurer to secure a fair settlement for all your losses, injuries and losses, costs and expenses. There is no guarantee of a settlement in each case but the majority of them do so during or after the investigation process, which is often completed before the trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations, if you and the insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal process where both sides present arguments and evidence to a factfinder who renders a verdict that settles the issue. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it including photos or videos of the accident scene as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify regarding your memory of the incident, and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The lawyer of the defendant may interrogate witnesses and object to admissibility of some evidence.

At trial, jurors must decide if the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers have to spend many hours studying during law school. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. It's a difficult matter because it is based on the extent of your injuries and the amount to which you've suffered. Your lawyer will present your evidence including expert witness testimony on the severity of your injuries, your loss of income, as well as future earnings potential and your pain and suffering, arizona accident Attorney disfigurement, and impairment.

5. Settlement

Every state has a deadline that you must meet to resolve your claim or file an action. This is known as the statute of limitations. If your lawyer cannot come to a deal with the insurer, you could be required to start a lawsuit in the courtroom. It is costly and time-consuming, but it is often necessary to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents called motions to request the court for certain things, such as excluding certain types of evidence in trial. Settlement negotiations can go on throughout the entire process, and many car accident civil disputes end before a trial needs 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. Settlements are faster and less risky than a court trial.

Before agreeing to an agreement, it is important that you fully understand the severity of your injuries and completed all medical treatments. If you accept a settlement before your doctor has determined you have reached the maximum medical improvement (MMI) then you could miss out on additional compensation. Also, you should not sign a release until you have consulted with your lawyer regarding your damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will go through your medical records as well as other documentation to ensure that you receive all the damages for which you qualify.