The First Steps in Car west palm beach accident law firm Litigation

If the insurance company is refusing to give you the amount of money you need for your injuries, our determined lawyers will draft an official demand letter. The letter will list all of your financial damages such as medical costs and lost wages, as well as non-economic damages like discomfort and pain.

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

1. Gathering Evidence

In a lawsuit that involves an automobile accident, proving negligence is vital to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, including police reports and other official reports.

Photographs of the scene of the accident can help your attorney establish what actually transpired in the collision, including the location of both vehicles after impact, skid marks, road debris and other physical evidence. Note down the names and contact details of any witnesses who saw the incident. Witnesses who testify that confirm your version of events is important as it could be common for drivers to give contradicting stories of what happened. This causes insurance companies to refuse to accept the claim or deny responsibility completely.

Medical records can also be utilized by your lawyer to establish the extent of your injury. These documents could include bills, receipts, lab results, diagnosis reports, discharge instructions, and other documents. It is essential to get these records as quickly as you can and give copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney may make use of. This is an out-of the court testimony that is under oath, which is then translated by a court reporter. Your lawyer can utilize the testimony to prove that your injuries had an immediate and clear connection to the crash and, therefore, can justify the need for compensation for your damages. The majority of the evidence listed above can be collected at the scene of the accident or shortly afterwards but some of it may not be available until much later in the legal process. This is why it's important to consult a highly-credentialed lawyer in the event of a car accident as soon as you can, so they can begin the investigation as evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an experienced. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is to file a complaint with the court, describing the specific claims that you're making and the amount of money you're seeking in damages. The complaint is typically written by your attorney, and then filed with the court and served on the defendant.

It also kicks off the discovery phase that allows both sides to exchange information and evidence related to their defenses and claims. The process can take a long time, and both teams will require a thorough review of documents, including police records and witness statements. They might also need to review medical records and bills as well as other documents. Both sides can request interrogatories. These are a set of questions which the other side has to answer under oath in the timeframe specified.

In this phase the lawyer will collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries and the impact they have had on your daily life. Your lawyer will calculate the total damages. This will include past and upcoming medical expenses as well as lost wages, pain and suffering and more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver who is at fault. This is more likely to happen after discovery and before the trial. If the insurance company refuses a fair settlement, or if the damages are important and not covered by insurance, then you may be required to go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident in which your attorney and the negligent driver's insurance company exchange information that may assist or accident attorney derail your claim. Your attorney will request documents that can support your case, such as police reports, medical bills, work loss records (e.g., from your employer indicating how long you missed work because of the accident) photos of your vehicle, any damage or injuries and other financial information. Your attorney will also use written discovery tools like interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties that are not part of the case.

These tools for discovery are used to exchange information between attorneys on both sides. The written discovery tools provide the other side an opportunity to answer questions in writing which must be answered under oath. They also ask you to provide copies of other information that may be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages which could be important to your case. During a deposition, the attorney representing the at-fault party will ask you various questions, and your responses will be recorded on video or transcribing by a court reporter.

The pretrial investigation process is designed to assist your lawyer create a compelling case against the at-fault person and their insurer in order to obtain an equitable settlement for all your losses, injuries or losses, as well as expenses. There is no assurance of a settlement in every case, but the majority of cases will settle during or following the investigation process, which usually completed before the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company are not in agreement on fault or the amount of compensation you are entitled to for your injuries. A trial is a formal process where both parties are required to argue and present evidence to the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury, along with any supporting evidence that you have, like pictures or videos of accident scene, witness testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also testify regarding your personal memories of the incident, and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The defendant's lawyer can cross-examine the witnesses and object to the admissibility of evidence.

In a trial, the jury must decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will be examining proximate causes, a complicated legal concept that lawyers have to spend many hours studying during law school. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you are entitled to. It's also a complicated issue due to the extent of your injuries and the extent to which you've suffered. Your lawyer will provide evidence, including expert testimony, about the severity of injuries as well as lost income and future earning potential, as well as your suffering and impairment.

5. Settlement

Each state has a deadline that you must meet to settle your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might need to file a car accident lawsuit in court. It's costly and time-consuming, 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 procedure that is formal in which each side exchanges information with each other). Your lawyer will also file legal documents, known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are resolved before trial is required.

If they feel that your injury claim is solid and you are willing to go to trial the insurance company will offer a fair settlement offer. The settlement process is also faster and less risky compared to an in-court trial.

It is crucial to fully understand your injuries prior to the settlement. You must have completed all medical treatment. If you settle before your doctor has determined you have reached your maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. You should also not sign an agreement until you have spoken with your lawyer and gained a complete understanding of your losses. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will look over your medical records, as well as other documentation, to ensure that you are entitled to all damages for which you qualify.