Kaley Mcnulty asked 1 month ago
The First Steps in Car Accident Litigation
Our hard-working 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 include all of your economic damages like medical bills and lost wages, and non-economic damages, like suffering and pain.
Then a jury or judge will decide. If they decide in your favor you will be awarded damages and the defendant must pay them.
1. Gathering Evidence
In a lawsuit involving an accident in the car, proving negligence is crucial to receive 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.
Photographs of the scene of the accident could assist your attorney in determining what actually transpired in the collision, including the positions of both cars after impact, skid marks, road debris and other physical evidence. Record the names and contact details of any witnesses who saw the events. Witnesses who testify to corroborate your version of the events is essential, especially since it can be common for drivers to have conflicting reports of what happened, which causes insurance companies to refuse to accept the claim or deny the responsibility completely.
Other evidence that your lawyer might use include medical records, which could include bills, receipts diagnose reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. It is important to obtain these documents as soon as you can and ensure that you send copies to your medical professionals.
A deposition is yet another type of evidence your lawyer may utilize. It is an out-of court testimony under oath. It is then transcribed by a Court Reporter. The lawyer can utilize the testimony to prove that your injuries had a direct and foreseeable connection to the crash and can be used to justify the compensation you deserve for your damages. Most of the evidence mentioned above can be obtained at the site of the accident or soon after but some of it may not be available until much later in the legal process. This is the reason it’s essential to consult a highly-credentialed lawyer in the event of a car accident as soon as possible so that they can begin investigating while the crucial evidence is in its most pure form.
2. Making a Complaint
After the dust has settled and you’ve treated your injuries, it’s time to seek professional legal advice. A car accident lawyer can give you the experience to maximize your compensation.
The first step is filing a complaint with the court. This will outline your specific claims and the amount you’d like to claim in damages. The complaint is typically written by your attorney, and then filed with the court, and then served to the defendant.
This also begins the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can take a considerable time and both teams will have to look over a variety of documents, including police reports and witness statements. They might also need to review medical documents, bills, and Accidents other documents. Each side may demand interrogatories. They are a set of questions which the other party must answer under oath within a specified time frame.
During this stage, you lawyer will also collaborate with doctors to gather the full picture of your injuries and the impact that they’ve caused on your life. Your lawyer will estimate your total damages. This will include past and upcoming medical expenses including lost wages, the pain and suffering of others, and many more.
Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at fault. This is more likely to occur following discovery, but before trial. If the insurance company refuses to settle the claim in a fair manner or if you’ve suffered significant damages that are not covered by the insurance policy, the case could go to trial. A jury or judge will make a decision on the case based on all of the evidence presented.
3. Discovery
Discovery is an essential step in any car accident case. This is the time when your attorney and negligent insurer of the driver exchange information that can support or damage your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills and work loss records (e.g. the records from your employer showing how much time you missed work because of the accident) photos of your car and any injuries or damages, and other relevant financial information. Your attorney may also employ written discovery tools, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and parties who are not part of the case.
These tools for discovery in writing are distributed back and forth between attorneys of both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing that need to be sworn to under oath, and to provide copies of other information that may be useful to you.
Your Long Island car Accident Law Firms attorney will also question witnesses and any other person with information about the damages or injuries you sustained that could be important to your case. During a deposition the lawyer representing the at-fault party will ask you questions and your answers could be recorded on video by the court reporter or translated.
These pretrial investigation procedures are designed to help your lawyer create a compelling argument against the person at fault and their insurer in order to get an equitable settlement for all your losses, injuries as well as losses, expenses and costs. Although there is no guarantee that all cases will settle, the majority do at the end of or following the discovery process, which can be completed prior to the time your case goes to trial.
4. Trial
Trials are possible in cases where you and the insurance company do not agree about who is at fault or the amount you should be awarded for your injuries. A trial is a formal procedure where both sides present arguments and evidence to a factfinder who renders a verdict which settles the dispute. In personal injury cases, the factfinder is typically a jury.
Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it, such as photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it has affected your life. Expert witnesses can also give testimony to support your claims. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of certain evidence.
The jury will decide during trial whether the plaintiff’s injuries was the result of the defendant’s negligent behavior. They will look at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate cause looks at the degree of connection between the defendant’s actions and the plaintiff’s injuries.
A jury must also determine the amount of damages you’re entitled to. It’s also a complicated matter because it is based on the severity of your injuries and the extent to which you’ve suffered. Your lawyer will provide evidence which includes expert testimony about the severity of injuries that resulted in loss of income and earnings potential, Accident Law firms as also the extent of your suffering and impairment.
5. Settlement
Every state has a time limit by which you can settle your claim or bring an action. This is referred to as the statute of limitations. If your lawyer isn’t able to negotiate an acceptable settlement with the insurance company, you may require filing a car accident lawsuit in the court. It can be time-consuming and costly, however it is often required to seek compensation.
During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where each side exchanges information with one another). Your lawyer will also file legal documents known as motions that ask the court to consider the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are resolved before trial is required.
Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to take the case to trial. Settlements are quicker and less risky than the court trial.
Before settling the settlement, it’s crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached maximum medical improvement (MMI) it is possible to not receive additional compensation. Additionally, you should not sign a release until you have talked to your lawyer and gained an understanding of all losses. Your lawyer will ensure that you do not lose out on the valuable compensation. They will carefully examine your medical records and other documents to make sure that you receive the total amount of damages for which you are eligible.