The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount of money you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. The letter will list all of your economic damages like medical expenses and lost wages as also non-economic damages such as pain and discomfort.

Then a jury or judge will then make a decision. 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 car accident lawsuit, proving liability and negligence is crucial to get compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports, including police reports and other official reports.

Your attorney may be able to establish the circumstances of the accident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Also, take note of the names and contact details of any witnesses who were present at what occurred. It is crucial that witnesses to verify the events that were actually happening, as it may often happen that drivers will give contradictory statements that result in insurance companies refusing or denial of liability.

Medical records can also be used by your lawyer to prove the severity of your injury. These documents may include receipts, bills and lab results, diagnose reports, discharge instructions and other records. You should get these records as quickly as possible and provide copies to your healthcare providers.

Another type of evidence your attorney could use is a deposition, which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer can use the testimony to establish that your injuries have had an immediate and predicable connection to the accident and, therefore, can justify the need for the compensation you deserve for your damages. While most of the above-mentioned types of evidence are collected at the scene of the pembroke park accident attorney or shortly thereafter, some of it might not be available until later in the litigation process. It's important to contact an attorney for car accidents with the right credentials immediately to start an investigation as evidence is in its most natural form.

2. Filing a Complaint

Once the dust has sunk and you've taken care of your injuries, it's time to seek legal advice from a professional. A car accident attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in court, which outlines the specific claims you have filed and the amount you're seeking in damages. This form is usually prepared by an attorney and filed in the court. It is also served on the defendant.

The discovery phase starts with both parties able to exchange information about their claims and defenses. The process can be long and requires both parties to examine a variety of documents, including police reports, witness statements medical records, invoices and much more. Each side can ask for interrogatories, which are a set of questions that the other party must answer under oath within a set date.

In this stage, your lawyer will also work with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your lawyer will then calculate the total damages you have suffered, 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. This is most likely to be the case following the completion of the discovery process and prior to trial. If the insurance company does not agree to a fair settlement, or if the damages are important and not covered by insurance, then you could need to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will ask for copies of the documents supporting your case, such as medical bills, police reports or work-related loss records (e.g. documents from your employer which reveals the amount of time you were absent from work because of the accident) photographs of your vehicle and any damage or injuries, and other relevant financial information. Your attorney will also make use of written discovery tools, such as interrogatories or requests for production as well as request for admissions to question witnesses and parties who are not in the case.

The written discovery tools are circulated back and forth between attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, that must be sworn to under oath, and to supply copies of certain documents or other data that could be useful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding the damages or injuries you sustained that could be vital to your case. During a deposition the lawyer of the at-fault person will ask you questions, and your answers are recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to enable your lawyer to create an effective and convincing argument to the at-fault party and their insurer so that you can receive a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case but most do so after or during the investigation process, which is typically done prior to trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement about who is at fault or the amount of compensation you should be awarded for your injuries. A trial is a formal procedure where both sides submit 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 provide your version of the events in your opening statements to the jury along with any supporting evidence you have, such as images or videos of the accident scene, testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also testify regarding your memories of the incident, and how it impacted your life. Expert witnesses will also provide testimony to support your claims. The lawyer for the defendant can interrogate witnesses and object to admissibility of some evidence.

The jury will decide at trial whether the plaintiff's harm was the result of the defendant's negligent behavior. They will look at proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is another complicated issue because it is contingent on how severe your injuries are and the extent of your losses. Your attorney will present evidence, including expert testimony, regarding the severity of injuries, lost income and future earning potential, Accident Lawsuit as well your pain and suffering as well as impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations that you must meet to settle your claim or start a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might need to file a car accident lawsuit in the court. This could be a lengthy process and costly, however it is often required to seek compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents referred to as motions that ask the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can go on throughout the entire process, and most car accident civil disputes end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and you'll be willing to go to trial. Settlement is faster and less risky than the court trial.

Before settling on the settlement, it's essential to be aware of the extent of your injuries and that you have completed all medical treatment. If you sign 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 an agreement until you have spoken with your lawyer and gained full understanding of your losses. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the total amount of damages for that you are eligible.