The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter in the event that the insurance company refuses to pay the amount you need to cover your injuries. This letter will provide a detailed description of your financial losses such as medical costs and lost wages as also non-economic damages such as discomfort and pain.

A judge or jury will then make a ruling. If they decide in your favor they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile onalaska accident Lawyer, proving negligence is vital to receiving compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports such as police reports, and other official reports.

Your attorney may be able to determine what happened during the accident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Record the names and contact details of any witnesses who saw the events. It is essential that witnesses to verify the events that were actually happening, as it may often happen that drivers provide contradictory statements that result in insurance companies refusing or denying responsibility.

Other evidence forms your lawyer could use include medical records, which could include receipts, bills diagnostic reports, lab results, discharge guidelines, and other documentation that demonstrate the severity of your injuries. You should seek these documents as soon as is possible, and make sure to give copies to your medical professionals.

Another type of evidence that your attorney might make use of is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer may make use of the testimony to prove that your injuries have an immediate and obvious connection to the accident which can help justify compensation for your damages. While most of the above-mentioned kinds of evidence can be taken at the scene of the accident or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. It is crucial to contact a car accident lawyer with the appropriate credentials immediately so that they can begin an investigation while the evidence is still in its most natural form.

2. Making a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek out legal counsel from an expert. 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. This document will outline your specific claims as well as the amount of money you want to recover in damages. This document is typically drafted by your attorney, and then filed with the court, and then served to the defendant.

The discovery phase begins with both parties able to share information about their defenses and claims. The process can take a long time and requires both parties to examine a variety of documents, including police reports and witness statements, medical records, bills and more. Each side may request interrogatories, which are a series of questions the other party must answer under oath within a set timeframe.

In this stage, your lawyer will also collaborate with doctors to ensure they have a complete understanding of the severity of your injuries as well as the impact they have had on your daily life. Your lawyer will estimate your total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to happen after discovery and before the trial. If the insurance company doesn't agree to a fair settlement or if the damages are substantial and not covered by insurance, then you could need to go to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident, where your attorney and the insurance company exchange information that may support or damage your claim. Your attorney will request copies of documents that support your case, including medical bills, police reports, work loss records (e.g. the records from your employer that outlines how long you missed work because of the accident) photographs of your car and any injuries or damage as well as other financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to question witnesses and witnesses who are not present.

These written discovery tools are exchanged between attorneys from both sides. The written discovery tools provide the other side an opportunity to answer questions in writing that must be answered under oath. It also allows you to provide copies or other information that may be helpful to you.

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

These pretrial investigation procedures are designed to assist your lawyer build a compelling case against the person who is at fault and their insurer to negotiate a fair settlement for all your losses, injuries and losses, costs and expenses. There is no assurance of a settlement in each case but most will settle during or following the investigation process, which is typically done prior to trial.

4. Trial

While the vast majority of car accidents are settled through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it like photos or videos of the accident scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You can also offer testimony about your memories of the incident and how it has changed your life. Expert witnesses can also give evidence to back up your claims. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

At trial, the jury will decide if the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate cause examines the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is a more complicated matter depending on how severe your injuries are and the severity of your losses. Your lawyer will provide evidence, including expert testimony, about the severity of your injuries loss of income, future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Every state has a time limit that you must meet to settle your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer is unable to reach a settlement with the insurer, you could be required to file a lawsuit in court. This can be time consuming and costly, but it is usually necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are settled before trial is required.

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

It is essential to understand your injuries prior to committing to an agreement. You must also have completed all medical treatment. If you settle prior to your doctor determining that you have reached maximum medical improvement (MMI) and you are not able to not receive additional compensation. Also, you should not sign a release until you've had a conversation with your lawyer and had full understanding of your losses. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the entire amount of damages for which you are eligible.