Incontestable Evidence That You Need Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you require for your injuries, our tenacious lawyers will draft an official demand letter. It will detail all your economic damages including medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.

Then a jury or judge will take a call. If they rule in your favor they will be able to award you damages, and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is the most important aspect to obtain compensation for your injuries and losses. 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.

Photographs of the scene of the accident might help your attorney establish what actually happened in the accident, including the position of both vehicles after impact, skid marks, road debris and other evidence that is physical. Also, note the names and contact numbers of any witnesses who were present at what happened. Witnesses that testify to support your version of the events is essential, especially since it can be common for drivers to have contradictory versions of what transpired, which causes insurance companies to refuse to accept the claim, or even deny responsibility altogether.

Other evidence forms your lawyer may use include medical records. These could include receipts, bills, diagnosis reports, lab results, discharge guidelines, and other documents that show the severity of your injuries. You should get these records as quickly as possible and provide copies to your healthcare providers.

Another form of evidence that your attorney could utilize is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer can make use of this testimony to prove your injuries were an obvious, predicable connection to the accident. This can be used to justify requesting compensation. The majority of the evidence listed above can be gathered at the site of the accident or shortly afterwards, but some may not be available until much later in the legal process. This is why it’s crucial to contact a reputable lawyer in the event of a car accident as soon as possible so that they can begin the investigation while vital evidence is still in its purest form.

2. How to file a complaint

Once the dust has settled and you have tended to your injuries, it’s time to seek out legal counsel from an expert. A car burbank accident lawyer attorney can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file a complaint with court, which details the specific claims you’re making and the amount of money you’re seeking in damages. The complaint is typically written by your attorney, and then filed with the court, and then served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence related to their claims and defenses. The process can be long and requires both sides to review many documents, including police reports as well as witness statements and medical records, as well as bills and much more. Each side can request interrogatories. These are a set of questions which the other side must answer under oath within the timeframe specified.

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

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver who is at fault. This is more likely to happen after discovery and before the trial. If the insurance company refuses to negotiate a fair settlement or if you’ve suffered substantial damages that aren’t covered by the insurance policy, your case may move forward to trial. A judge or jury will decide on the case based on the evidence presented.

3. Discovery

Discovery is a crucial phase in any car Port Wentworth Accident Attorney case. This is when your attorney and negligent insurance company of the driver exchange information that could support or undermine your claim. Your attorney will ask for copies of the documents that support your case, such as medical bills, police reports, work loss records (e.g., from your employer showing how long you missed work due to the newcastle accident lawyer) photographs of your vehicle, any damage or injuries as well as other financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to question parties and witnesses who are not present.

These written discovery tools are sent back and forth between attorneys for both sides. The written discovery tools give the opposing side an opportunity to respond to questions in writing which must be answered under oath and to provide copies of other information that might be useful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident and any person who has information about your injuries or damages that could be important 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 translated by a court reporter.

The goal of these pre-trial investigation procedures is to allow your lawyer to present an argument that is persuasive and strong to the party at fault and their insurance company so that you can receive an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case but the majority of cases do so during or after the investigation process, which usually concluded prior to the trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations, if you and the insurance company disagree about fault or the amount of compensation you are entitled to for your injuries, your case could go to trial. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder who issues a decision that settles the issue. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to explain your story in your opening statements to the jury, and any supporting evidence you may have, such as photos or video of the accident scene, witness testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You may also offer your testimony about your memories of the incident and how it has changed your life. Expert witnesses can also provide evidence to back up your assertions. The lawyer of the defendant may interrogate witnesses and object to the admissibility or validity of certain evidence.

At trial, the jury must decide if the plaintiff’s injuries were the result of the defendant’s negligence. They will look at proximate causes, a complex legal concept that law students have to spend hours studying. Proximate cause looks at how close the connection is between the defendant’s actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you are entitled to. This is a more complicated matter depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence which includes expert testimony from a witness regarding the severity of your injuries, your loss of income, and future earnings potential, as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer is unable to reach a settlement with the insurance company, you may be required to file a lawsuit in court. It can be expensive and time-consuming. However, it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and be present at hearings. Your lawyer will also prepare legal documents, also known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can be ongoing throughout the process, and a lot of civil disputes in car accidents settle before a trial has to be held.

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

It is crucial to fully understand your injuries prior to committing to an agreement. You must also have completed all medical treatment. If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) then you could not be eligible for additional compensation. Don’t sign a release until you’ve talked to your lawyer and gained an understanding of all losses. Your lawyer will ensure that you don’t miss the opportunity to receive a valuable amount of compensation. They will review your medical records and other documentation to ensure that you are entitled to all damages you are entitled to.