The First Steps in Car Accident Litigation
Our hard-working lawyers will draft an official letter of demand if the insurance company refuses to pay you the amount you’re entitled to for your injuries. It will detail all your financial damages including medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.
A judge or jury will then make a decision. If they decide in your favor they will be able to award you damages, and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit involving a car accident, proving the negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Gathering evidence is among the initial steps in the process of litigation, and it requires gathering documents witnesses’ testimony, photographs as well as official reports, such as police reports.
Your attorney may be able to establish what happened in the accident by taking pictures of the scene, which include skid marks or road debris, as well as other physical evidence. Also, note the names and contact details of any witnesses who witnessed what happened. It is essential that witnesses who can confirm the events that occurred, as it can often happen that drivers provide contradictory statements that result in insurance companies denying or refusing liability.
Medical records can also be used 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. You should obtain these documents as soon as is possible and be sure to send copies to your healthcare providers.
Another type of evidence that your attorney might use is a deposition, which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and predicable connection to the crash and can be used to justify compensation for your losses. While most of the above-mentioned types of evidence can be gathered at the accident scene or within a short time after, some of them may not be accessible until later in the litigation process. It’s important to contact a car accident lawyer with the right credentials immediately to start an investigation as evidence is in its most pure form.
2. How to file a complaint
After the dust has settled and you’ve taken care of your injuries, it’s the time to seek professional legal advice. A car accident law firms lawyer can offer you the knowledge to maximize your compensation.
The first step is to file a complaint with court, which details the specific claims that you have filed and the amount of money you are seeking in damages. The complaint is typically written by your lawyer and filed with the court, and then served to the defendant.
This also triggers the discovery phase, which allows both sides to exchange information and Accident Attorney documents related to their defenses and claims. The process can take a long time and requires both sides to review many documents, including police reports, witness statements and medical records, as well as bills and much more. Each side may demand interrogatories. They are a set of questions that the other party must answer under oath, within a specific timeframe.
Throughout this stage, your lawyer will also collaborate with doctors to ensure they have a complete understanding of the seriousness of your injuries and the impact they’ve affected your daily routine. Your attorney will calculate the total damages. This will include past and upcoming medical expenses including lost wages, pain and suffering and more.
Sometimes, your lawyer could be able to reach an agreement with the at-fault driver’s insurance company. This is likely to take place after the completion of discovery and before trial. If the insurance company refuses to offer a fair settlement or if you’ve sustained substantial damages that aren’t covered by the insurance policy, your case could go to trial. A jury or judge will decide the case on the basis of all evidence.
3. Discovery
Discovery is an essential step in any car accident case. This is where your attorney and negligent insurance company of the driver exchange information that could help or derail your claim. Your attorney will request copies of documents that support your case. This includes police reports medical bills, work loss documents from your employer (showing the amount of time you were absent due to the accident) photos of your vehicle damaged or injured and other financial details. Your attorney may also employ written discovery tools like interrogatories and requests for production, as well as request for admissions to question witnesses and parties who are not in the case.
These written discovery tools are sent back and forth between attorneys on both sides. The tools for writing discovery give 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 which could be helpful to you.
Your Long Island car accident attorney (mouse click the up coming post) will also interview witnesses and anyone with information about your injuries or damages which could be crucial to your case. During a deposition lawyer representing the party at fault will ask you a series of questions, and your answers will be recorded on video, or transcribed by a court reporter.
The purpose of these pre-trial investigation procedures is to help your lawyer to build an argument that is convincing and persuasive against the at-fault party as well as their insurer so that you can get an equitable and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case however, the majority of them do so after or during the investigation process, which is typically completed before the trial.
4. Trial
Trials are possible when you and the insurance company are not in agreement about who is at fault or the amount you are entitled to for your injuries. A trial is an official proceeding where both parties are required to argue their case and provide evidence before a factfinder who will make a decision to resolve the dispute. In personal injury cases, the factfinder is typically a jury.
During the trial your lawyer will be able to give your account of the events in your opening statements to the jury along with any supporting evidence you have, such as pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You may also testify on your memories of the incident and how it affected your life. Expert witnesses can also give evidence to support your claims. The defendant’s lawyer can cross-examine the witnesses and object to the admissibility of evidence.
The jury will determine at trial if the plaintiff’s injury was caused by the defendant’s negligent conduct. They will consider the proximate causality, a nebulous legal concept that law students spend hours studying. 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 also a complicated matter because it is based on the severity of your injuries as well as the extent to which you’ve suffered. Your lawyer will provide evidence including expert testimony regarding the severity of your injuries loss of income, future earnings potential, as also your pain and suffering as well as impairment.
5. Settlement
Every state has a time limit by which you can settle your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer cannot come to a deal with the insurer, you may have to bring a lawsuit to court. It can be lengthy and expensive, but it is usually required to seek compensation.
During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where each side exchanges information with one another). Your lawyer will also prepare legal documents, 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. A majority of car accident civil disputes are resolved before a trial is necessary.
Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and that you are willing to go to trial. Additionally the settlement process is faster and less risky than a trial.
It is essential to be aware of the extent of your injuries prior to agreeing to a settlement. You must also have completed all medical treatments. If you settle prior to your doctor determining that you have reached maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. You should also not sign a settlement agreement before you’ve spoken with your lawyer about your damages. Your lawyer will ensure that you do not miss out on valuable compensation. They will go through your medical records, and other documents, to ensure that you receive all of the damages for which you qualify.