Grover Hankins asked 7 months ago
The First Steps in Car Accident Litigation
Our hard-working lawyers will draft an official demand letter if an insurance company is unable to pay the amount you require for your injuries. This will include all of your financial damages like medical bills and lost wages, and other damages that are not economic, like suffering and pain.
Then, a judge or jury will take a call. If they decide in your favor, they will give you damages and the defendant must pay them.
1. Gathering Evidence
In a car accident lawsuit the proof of negligence and liability is essential to receive compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.
Your lawyer may be able to determine what transpired in the accident by taking pictures of the scene, including skid marks and road debris as well as other physical evidence. Also, note the names and phone numbers of any eyewitnesses who saw what happened. Witnesses who testify to corroborate your version of events is important as it could be common for drivers to have contradictory reports of what happened, which can lead to insurance companies refusing to accept the claim or even denying responsibility completely.
Other evidence forms your lawyer could utilize include medical records, which may include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as soon as possible and be sure to give copies to your healthcare professionals.
A deposition is a different type of evidence that your attorney might employ. It’s an out-of the court testimony that is under oath, which is then recorded by a Court Reporter. Your lawyer can make use of the testimony to prove that your injuries have an immediate and obvious connection to the crash and can be used to justify compensation for your injuries. The majority of the evidence mentioned above can be gathered at the scene of the crash or shortly after however, some might not be available until later in the legal process. It is crucial to contact a lawyer for car accidents with the right credentials as soon as you can to start an inquiry when the evidence is in its most pure form.
2. Filing a Complaint
Once the dust has sunk and you’ve treated your injuries, it’s time to seek out legal counsel from an expert. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.
The first step is to file a complaint with court, which outlines the specific claims that you have filed and the amount you’re seeking in damages. This document is usually drafted by an attorney and filed in court. It is also given to the defendant.
The discovery phase begins by allowing both parties to share information about their defenses and claims. The process can be very long and requires both teams to go through a myriad of documents including police reports and witness statements and medical records, as well as bills and much more. Each side is able to request interrogatories. These are a series questions that the other side has to answer under oath in a specified time frame.
In this phase, your lawyer will also collaborate with your doctor to get the full picture of your injuries as well as the impact that they’ve caused on your life. Your attorney will calculate your total damages. This will include any future medical expenses and lost wages, as well as suffering and pain and suffering, and more.
Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely after discovery and before the trial. However, if the insurance company refuses to settle the claim in a fair manner or if you’ve suffered significant losses that aren’t covered by the insurance policy, the case may go to trial. A jury or judge will make a decision on the case based on the evidence presented.
3. Discovery
Discovery is an essential step in any car accident lawsuit in which your attorney and the insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of the documents that support your case, including police reports, medical bills, work loss records (e.g. an email from your employer showing the amount of time you were absent from work due to the accident) photos of your vehicle, any injuries or damages as well as other financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.
These documents are shared between attorneys on both sides. The tools for writing discovery give the other side an opportunity to answer questions in writing that need to be answered under oath and to provide copies of other information that might be helpful to you.
Your Long Island car accident lawyer will also depose witnesses to the accident as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition, the lawyer representing the party at fault will ask you an array of questions and your responses will be recorded on video, or transcribed by a court reporter.
The pretrial investigation process is designed to help your lawyer construct a compelling case against the responsible party and their insurer to secure an equitable settlement for all of your injuries or losses, as well as expenses. There is no assurance of a settlement in every case but the majority of cases do so after or during the investigation process, which is typically concluded prior to the trial.
4. Trial
Although the majority of car accident cases are resolved through informal negotiations If you and the insurance company are not in agreement about who is to blame or how much compensation you are entitled to for your injuries, your case could go to trial. A trial is an official proceeding in which both sides present arguments and evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.
Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the accident scene or testimony from witnesses, medical professionals, as well as documents such police reports and Accident Lawsuit bills. You may also offer your testimony about your memories of the incident and how it had an impact on your life. Expert witnesses are also able to testify in support of your claims. The defendant’s attorney can cross-examine witnesses and object to the admissibility of specific evidence.
In a trial, the jury will decide if the plaintiff’s injuries were the result of the defendant’s negligence. They will look at proximate cause which is a complex legal concept that lawyers have to spend many hours studying in law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.
A jury must also determine how much damages you will be awarded. This is a complicated issue, as it depends on the severity of your injuries and the extent of your losses. Your lawyer will present your 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 as well as impairment, disfigurement and.
5. Settlement
Each state has a deadline by which you can resolve your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in the court. It’s costly and time-consuming, but this is often required to seek compensation.
During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and be present at hearings. Your attorney will also make legal filings, also known as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue throughout the process, and a majority of civil disputes arising out of car accidents will end before a trial is required to be held.
If they believe that your injury claim is solid and that you are willing to go to trial insurance companies will make a fair settlement offer. Settlements are quicker and less risky than the court trial.
Before settling a settlement, it is important that you fully understand the extent of your injuries and Accident lawsuit have completed all medical treatment. You could be denied additional compensation if you sign the settlement until your physician has determined that you have attained the maximum level of improvement in your medical condition. It is also important not to sign a release until you have consulted with your lawyer about your damages. Your lawyer will make sure that you don’t miss out on a substantial amount of compensation. They will scrutinize your medical records, and other documentation to ensure that you are entitled to all damages you are entitled to.