The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter in the event that the insurance company refuses to pay the amount you're entitled to for your injuries. This will list all your financial damages like medical bills and lost wages, and non-economic damages, such as pain and suffering.

Then the judge or jury will take a call. If they rule in your favor you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

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

Your lawyer may be able to establish the circumstances of the accident law firm (http://www.saju1004.net) by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and contact numbers of any witnesses who witnessed what transpired. Witnesses who testify that confirm your version of events is important, especially since it can be common for drivers to have conflicting stories of what happened. This leads to insurance companies refusing to accept the claim or denying any responsibility at all.

Medical records can also be utilized by your lawyer to demonstrate the extent of your injury. They could include receipts, bills and lab results, diagnose reports, discharge guidelines and other documentation. You should get these records as soon as possible and be sure to give copies to your medical professionals.

A deposition is yet another type of evidence your lawyer could make use of. It is a non-in court testimony given under oath. It is then transcribing by a Court Reporter. Your lawyer may utilize the testimony to prove that your injuries had an immediate and obvious connection to the accident and can be used to justify compensation for your damages. Although the majority of the above kinds of evidence can be collected at the scene of the accident or soon afterward, some of them may not be accessible until later in the litigation process. This is why it's important to speak with a well-credentialed lawyer in the event of a car accident as soon as you can so that they can begin the investigation when the evidence is in its purest form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from an experienced. A car accident lawyer can provide you with the expertise to maximize your compensation.

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

The discovery phase begins, allowing both parties to share information regarding their defenses and claims. The process can be long and requires both teams to review many documents, including police reports and witness statements medical records, accident Law Firm invoices and Accident law Firm much more. Each side may require interrogatories. These are a set of questions that each party must answer under oath by a predetermined deadline.

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

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This is more likely after discovery and prior to trial. However, if the insurance company is unable to settle the claim in a fair manner or if you have incurred significant losses that aren't covered by the insurance policy, your case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the insurance company exchange information that could help or hurt your claim. Your attorney will request copies of the documents that support your case, including medical bills, police reports, work loss records (e.g. documents from your employer which reveals the amount of time you were absent from work due to the accident) photos of your vehicle, any damages or injuries, and other relevant financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to question witnesses and parties who are not present.

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

Your Long Island car accident lawsuits attorney will also depose witnesses and anyone who has information about the damages or injuries you sustained that could be vital to your case. During a deposition, the lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer build a compelling case against the responsible party and their insurer in order to get a fair settlement for all of your injuries or losses, as well as expenses. There is no assurance of a settlement in each case but the majority of cases do so after or during the investigation process, which usually completed prior to the trial.

4. Trial

Trials are possible when you and the insurance company are not in agreement regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is a formal process where both parties present their arguments and evidence to the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence like photos or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You may also testify about 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 witnesses and object to the admissibility of certain evidence.

In a trial, the jury has to determine if the plaintiff's injuries were the result of the defendant's negligence. They will examine the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. This is a complicated issue depending on how severe your injuries are and the severity of your losses. Your lawyer will provide evidence that includes expert testimony regarding the severity of your injuries, lost income and future earning potential, as well 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 referred to as the statute of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may have to file a car accident lawsuit in the court. This can be time consuming and costly, however it is often necessary to pursue compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your attorney will also submit legal documents, referred to as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can go on throughout this process, and most civil disputes arising from car accidents 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 that you will be willing to take the case to trial. In addition the settlement process is more efficient and less risky for them than a trial.

Before settling the settlement, it's crucial to fully comprehend the extent of your injuries and completed all medical treatments. You could lose out on additional compensation if you accept the settlement until your physician has confirmed that you have achieved the maximum level of improvement in your medical condition. Don't sign the release until you've met with your lawyer and have an understanding of all damages. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will carefully examine your medical records and other evidence to make sure that you receive the total amount of damages for which you are eligible.