The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need to cover your injuries, our persistent attorneys will prepare an official demand letter. This letter will provide a detailed description of your financial losses like medical expenses and lost wages as in addition to non-economic damages such as pain and discomfort.

A jury or judge will then come to a decision. If they decide in your favor, you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

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

Your lawyer might be able to establish what transpired in the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who were present at what happened. Having witnesses testify that corroborate your version of what happened is crucial, especially since it can be common for drivers to have conflicting stories of what happened. This results in insurance companies refusing to accept the claim or denying responsibility completely.

Medical records can also be used by your lawyer to establish the severity of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge guidelines and other documents. You should get these documents as soon as you can, and make sure to give copies to your medical professionals.

A deposition is yet another type of evidence that your attorney may make use of. This is an out-of court statement made under oath and later translated by a court reporter. Your lawyer may make use of this testimony to prove your injuries were an immediate, obvious connection to the accident. This helps to justify the need for compensation. While most of the above-mentioned types of evidence are collected at the scene of the south haven accident lawyer or shortly afterward, some of them may not be available until later in the litigation process. This is why it's vital to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin an investigation as evidence is in its purest form.

2. Making a complaint

When the dust has cleared and you've taken care of your injuries, it's time to seek legal advice from a professional. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims you're making and the amount of money you're seeking in damages. The document is usually drafted by your attorney and filed with the court and then served on the defendant.

This also begins the discovery phase that allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and both teams may require a thorough review of documents, including police records and witness statements. They may also have to review medical records or bills, as well as other documents. Both sides can request interrogatories. These are a series of questions that the other side has to answer under oath in a specified time frame.

Throughout this process the lawyer will work with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they have had on your daily life. Your lawyer will determine the total damages. This will include past and upcoming medical expenses as well as lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. It is likely to take place after the completion of the discovery process and prior to trial. However, if the insurance company is unable to settle the claim in a fair manner or if you've sustained significant damages that are not covered by the insurance policy, the case could go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial stage in any car Simi valley accident attorney lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will ask for copies of documents that support your case, such as police reports, medical bills as well as work loss records (e.g. an email from your employer indicating how long you missed work due to the accident), photographs of your vehicle, any damage or injuries or other pertinent financial information. Your lawyer will also make use of written discovery tools such as interrogatories and requests for production, as well as requests for admissions to question witnesses and other parties that are not part of the case.

These tools for discovery in writing are circulated back and forth between the attorneys from both sides. Written discovery tools allow the opposing party a chance to answer questions in writing that must be sworn to under oath, and to provide copies or other information that might be helpful to you.

Your Long Island car glennville accident attorney lawyer will also be able to depose people who are witnesses to the accident and any person who has information about your injuries or damages that could be pertinent to your case. During a deposition lawyer representing the party at fault will ask you various questions, and your answers will be recorded on video or transcribing by a court reporter.

These pretrial investigation processes are designed to help your lawyer create a compelling argument against the person at fault and their insurer to secure an equitable settlement for all your injuries or losses, as well as expenses. There is no assurance of a settlement in every case but the majority of them occur during or after the investigation process, which usually concluded prior to the trial.

4. Trial

The majority of car accidents settle through negotiations outside of court however, if you and your insurance company disagree about fault or the amount of compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is an official process in which both parties argue and present evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder usually a jury.

During the trial the lawyer will explain your story in opening statements to the jury, as well as any other evidence you have, including photographs or videos of the accident scene, testimony from bystanders and medical professionals, as well as documents like police reports and medical bills. You can also testify about your memories of the incident, and how it impacted your life. Expert witnesses can also provide evidence to support your assertions. The lawyer for the defendant can cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will be looking at the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you are entitled to. This is a complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your attorney will present your evidence which includes expert witness testimony on the severity of your injuries, the loss of income, and future earnings potential in addition to your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations in which you must settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with your insurer, you could be required to bring a lawsuit to court. This can be time consuming and expensive, but it is often required to seek compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure where parties exchange information with the other side) and will attend hearings. Your attorney will also prepare legal documents, also known as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can go on throughout the entire process, and a lot of civil disputes arising from car accidents end before a trial has to be held.

If they believe that your injury claim is valid and you are willing to go to trial, insurance companies will make an honest settlement offer. Additionally the settlement process is quicker and less risky than a trial.

Before you agree to the settlement, it's important that you fully understand the severity of your injuries and completed all medical treatment. It is possible to lose additional compensation if settling the settlement before your doctor has determined that you have reached the maximum level of improvement in your medical condition. Additionally, you should not sign an agreement until you have met with your lawyer and gained an accurate understanding of your damages. Your attorney will ensure that you don't lose out on the valuable compensation. They will look over your medical records as well as other documents to ensure that you receive all the compensation you're entitled to.