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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if an insurance company refuses to provide you with the amount you need for your injuries. This will list all your financial damages, such as medical bills and lost wages, as well as non-economic damages like suffering and pain.

A judge or jury will then make a ruling. If they come to a decision to your advantage you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is essential to receive compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the roselle accident lawyer may help your attorney establish what actually transpired in the collision, including the location of both cars after impact, skid marks road debris and other physical evidence. Record the names and contact details of any eyewitnesses that witnessed the events. It is essential that witnesses who can confirm the events that took place, since it can often happen that drivers provide contradictory stories that lead to insurance companies refusing to accept or deny the responsibility.

Medical records can also be utilized by your lawyer to prove the severity of your injury. These documents may include receipts, bills, lab results, diagnosis reports, discharge guidelines and other forms of documentation. You should seek these records as soon as possible and ensure that you provide copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney can make use of. This is an out-of court statement made under oath, which is then transcribed by a Court Reporter. Your lawyer could utilize the testimony to prove the fact that your injuries had an immediate and clear connection to the crash which can help justify compensation for your losses. The majority of the evidence mentioned above is available at the scene of the accident or shortly afterwards, but some may not be available until much later in the litigation. This is the reason it’s essential to speak with a well-credentialed lawyer for car accidents as soon as you can so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

When the dust has cleared and you’ve taken care of your injuries, it’s the time to seek out legal counsel from an expert. An attorney for car accidents can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims and the amount you want to recover in damages. The document is usually written by your attorney and filed with the court, and then served to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can be lengthy and requires both teams to examine a variety of documents, including police reports witnesses’ statements, police reports medical records, invoices and much more. Each side can request interrogatories, which are a series of questions which the other party must answer under oath within a specified time frame.

In this phase, your lawyer will also collaborate with your doctor to get a full picture of your injuries as well as the impact they’ve had on your life. Your attorney will calculate your total damages. This will include any future medical expenses, lost wages, the pain and suffering of others, and many more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at fault. This is more likely after discovery and before the trial. If the insurance company refuses an equitable settlement, or if your damages are significant and not covered by insurance, then you may need to go to trial. A judge or jury will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident, where your attorney and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will request copies of documents to prove your case. These documents include police reports medical bills, work loss records from your employer (showing how much time you missed due to the accident) photographs of your vehicle as well as any injuries or damages as well as other financial data. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire about parties and witnesses who are not present.

These discovery tools written in writing are circulated back and forth between attorneys for both sides. The written discovery tools give the opposing side a chance to respond to questions in writing which must be answered under oath. They also ask you to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident as well as anyone with information regarding your injuries or damages that could be relevant to your case. In a deposition, the at-fault party’s lawyer will ask you various questions, and your responses will be recorded on video or transcribing by a court reporter.

The purpose of these pre-trial investigation procedures is to allow your lawyer to create an argument that is convincing and persuasive to the party at fault and their insurer in order that you are able to secure a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case but most will settle during or following the investigation process, which is usually concluded prior to the trial.

4. Trial

Trials can be arranged in situations where you and the insurance company do not agree on fault or the amount of compensation you should be awarded for your injuries. A trial is a formal proceeding where both parties are required to argue and present evidence to an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will present your version of events in opening statements to the jury, along with any supporting evidence you have, such as images or videos of the Safford Accident law Firm scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also offer testimony regarding your memories of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The defendant’s attorney can cross-examine witnesses and object to the admissibility of specific evidence.

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

A jury must also determine the amount of damages you are entitled to. This is another complicated issue because it is contingent on the severity of your injuries and the extent of your losses. Your attorney will present your evidence which includes expert witness testimony about 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

Every state has a legal deadline, commonly referred to as the statute of limitations, that you must meet to settle your claim or bring a lawsuit. If your lawyer is not able to come to a deal with the insurer, you may have to file a lawsuit in court. This could be a lengthy process and expensive, yet it is often necessary to pursue compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where each side exchanges information with one another). Your attorney will also file legal documents, known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are settled prior to a trial.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is legitimate and that you will be willing to go to trial. Settlement is more efficient and less risky than the court trial.

It is essential to fully understand your injuries prior to a settlement. You must also have completed all medical treatments. It is possible to lose additional compensation if you accept the settlement until your physician has confirmed that you have achieved the maximum medical improvement. Additionally, you should not sign the release until you’ve talked to your lawyer and received an understanding of all damages. Your lawyer will ensure that you don’t miss out on a substantial amount of compensation. They will scrutinize your medical records, and other documents, to ensure that you receive all compensation you’re entitled to.