The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you need to cover your injuries, our hard-working lawyers will draft an official demand letter. It will detail all your financial losses including medical expenses and lost wages, and non-economic damages, such as 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 must pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident the proof of negligence is essential in obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports, like police reports and other official reports.

Your lawyer might be able to establish what transpired in the germantown Accident Attorney by taking pictures of the scene, including skid marks and road debris as well as other physical evidence. Record the names and contact details of any witnesses who were present to witness what happened. Witnesses that testify to support your account of events is important especially as it can be common for drivers to give contradicting accounts of what happened that leads to insurance companies refusing to accept the claim, or even deny the responsibility completely.

Medical records can also be used by your lawyer to establish the extent of your injury. These documents may include bills, receipts, lab results, diagnosis reports, discharge directions and other forms of documentation. You should obtain these records as soon as you can and give copies to your healthcare professionals.

Another type of evidence your attorney could utilize is a deposition, which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer could use this evidence to prove your injuries were an immediate, obvious connection to the accident. This is a good argument to support seeking compensation. Most of the evidence discussed above can be obtained at the scene of the crash or shortly after however, some might not be available until much later in the litigation. This is why it's important to talk to a reputable lawyer for car accidents as soon as you can, so they can begin investigating while the crucial evidence is in its most pure form.

2. The process of filing a complaint

After the dust has settled and you have tended to your injuries, it's time to seek legal advice from a professional. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is filing a complaint with the court. It will describe your specific claims as well as the amount of money you'd like to claim in damages. This type of document is typically drafted by an attorney and then filed in court. It will also be served to the defendant.

The discovery phase begins with both parties able to exchange information regarding their defenses and claims. The process can be long and requires both sides to look over a number of documents, including police reports, witness statements medical records, bills and more. Each side may require interrogatories. These are a set of questions that each party must answer under oath, within a specific time frame.

In this phase, your lawyer will also collaborate with doctors to get a full picture of your injuries and the impact that they've caused on your life. Your attorney will calculate your total damages including past and future medical expenses and lost earnings, as well as suffering and pain, and more.

Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is more likely to occur following discovery and prior to trial. However, if the insurance company is unable to negotiate a fair settlement or if you've suffered significant damage that is not covered by the insurance policy, your case could go to trial. A judge or jury will decide on the case based upon all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is when your attorney and the negligent insurer of the driver exchange information that could help or undermine your claim. Your attorney will request copies of the documents that support your case, including police reports, medical bills, work loss records (e.g., from your employer indicating how much time you missed work due to the lander accident law firm), photographs of your vehicle and any injuries or damage, and other relevant financial information. Your attorney may also employ written discovery tools such as interrogatories, requests for production and requests for admissions to interview witnesses and parties who are not part of the case.

These written discovery tools are shared between attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, which need to be sworn to in oath and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car pell city accident lawsuit attorney will also depose witnesses as well as anyone with information about your injuries or damages which could be essential to your case. During a deposition the lawyer representing the party at fault will ask you questions and your answers will be recorded on video by the court reporter or translated.

The goal of these pretrial investigation processes is to assist your lawyer to construct an argument that is persuasive and strong against the at-fault party as well as their insurer in order that you are able to secure a full and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case however, most will settle during or following the investigation process, which usually completed prior to the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company disagree regarding the fault of the other party or the amount of compensation you should be awarded for your injuries. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder who renders a verdict which settles the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs 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 on your memory of the incident, and how it affected your life. Expert witnesses can also testify to support your assertions. The lawyer for the defendant can cross-examine witnesses and challenge to the admissibility or validity of certain evidence.

In a trial, the jury will decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate cause an intricate legal concept that lawyers spend many hours studying in law school. Proximate cause 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 a difficult issue because it depends on the degree of your injuries and the extent to which you've suffered. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, your lost income, as well as future earnings potential and your pain and suffering disfigurement, impairment, and pain.

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 can't negotiate a settlement with the insurance company, you may be required to start a lawsuit in the courtroom. This could be a lengthy process and expensive, but it is often necessary to pursue compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for things like not allowing certain types of evidence in trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are resolved before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is strong and that you'll be willing to take the case to trial. In addition, the settlement process is quicker and less risky than a trial.

Before you agree to an agreement, it is essential to be aware of the extent of your injuries and completed all medical treatments. It is possible to lose additional compensation if you agree to the settlement until your physician has concluded that you have reached the maximum medical improvement. You should also not sign a release before you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't miss 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 Download free which you are entitled.