The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter in the event that the insurance company refuses to provide you with the amount you require for your injuries. This letter will provide a detailed description of your economic losses such as medical costs and lost wages, as well as non-economic damages such as discomfort and pain.

Then a judge or jury will then make a decision. If they rule in your favor, they will award you damages and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence is essential to receive compensation for your injuries. Collecting evidence is one the initial steps in the litigation process, and it requires gathering documents, photographs, witness testimony as well as official reports, such as police reports.

Photographs of the scene of the st augustine accident lawsuit can aid your lawyer in determining what actually transpired in the collision, including the location of both cars after impact, skid marks, road debris and other evidence that is physical. Also, take note of the names and contact details of any witnesses who witnessed what occurred. It is essential that witnesses confirm the events took place, as it can often be the case that drivers will give contradictory statements that result in insurance companies refusing or denying liability.

Other types of evidence your lawyer could use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other evidence that proves the extent of your injuries. You should get these documents as soon as is possible and be sure to give copies to your healthcare providers.

Depositions are another form of evidence that your attorney can utilize. It is a non-in court testimony given under oath, Vimeo and then recorded by a Court Reporter. Your lawyer can use the testimony to prove that your injuries had a direct and foreseeable connection to the crash which can help justify compensation for your losses. Most of the evidence mentioned above can be obtained at the site of the accident or shortly afterwards however, some might not be available until much later in the legal process. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as you can, so they can begin the investigation as evidence is in its purest form.

2. Making a Complaint

When the dust has cleared and you have tended to your injuries, it's time to seek expert legal advice. A car accident attorney will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is filing an application with the court. The complaint will detail your specific claims as well as the amount you want to recover in damages. The document is usually drafted by your attorney, and then filed with the court and served on the defendant.

This also triggers the discovery phase which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a considerable time, and both teams will need to review a lot of documents, including police records and witness statements. They may also have to review medical documents as well as bills and other documents. Each side is able to request interrogatories. These are a set of questions that the other side must answer under oath in a specified time frame.

During this stage, you lawyer will also collaborate with doctors to get a full picture of your injuries as well as the impact they've had on your life. Your lawyer will determine your total damages. This includes future and past medical expenses including lost wages, chunwun.com pain and suffering and more.

Sometimes, your lawyer might be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to happen following discovery and prior to trial. However, if the insurance company is unable to negotiate a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case may go to trial. A judge or jury will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any car Accident Law Firm case. This is where your attorney and negligent insurance company of the driver exchange information that can support or damage your claim. Your attorney will request copies of the documents that support your case, such as medical bills, police reports or work-related loss records (e.g. the records from your employer that outlines the amount of time you were absent from work due to the accident) photos of your vehicle, any injuries or damage or other pertinent financial information. Your attorney will also use written discovery tools, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties that are not present in the case.

These tools for writing discovery are shared between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing, which must be answered under oath. They also ask you to provide copies or other information that may be helpful to you.

Your Long Island car accident attorney will also interview witnesses and anyone with information about your injuries or damages that could be important to your case. During a deposition, your lawyer representing the person at fault will ask you questions and your responses will be recorded on video by an official court reporter or recorded.

These pre-trial investigation procedures are designed to assist your lawyer develop a convincing argument against the person at fault and their insurer in order to get an equitable settlement for all your losses, injuries, expenses and losses. While there is no assurance that all cases will settle but the majority settle at the end of or following the discovery process, which can be completed prior to the time your trial.

4. Trial

Trials are possible in cases where you and the insurance company do not agree on fault or the amount you are entitled to for your injuries. A trial is a formal process that involves both sides presenting arguments and evidence to a factfinder who makes a decision that settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will explain your story in opening statements to the jury, along with any supporting evidence you have, such as images or videos of the accident scene, witness testimony from witnesses and medical professionals, and documents such as medical bills and police reports. You can also give your testimony regarding your memory of the incident and how it impacted your life. Expert witnesses will also provide evidence to support your assertions. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's injury was caused by the defendant's reckless behavior. They will consider proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate causes considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury is also required to decide how much compensation you will be awarded. This is a complicated issue because it is contingent on the severity of your injuries and the severity of your losses. Your attorney will present evidence, including expert testimony, regarding the severity of injuries, lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Every state has a time limit to settle your claim, or even file an action. This is known as the statutes of limitations. If your lawyer is unable to negotiate a settlement with the insurance company, you may be required to file a lawsuit in court. It can be lengthy and expensive, but it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents, known as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are settled before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and that you will be willing to go to trial. Settlements are faster and less risky compared to the court trial.

It is important to fully comprehend your injuries prior to a settlement. It is also important to have completed all medical treatment. You could lose out on additional compensation if you agree to a settlement until your doctor has concluded that you have reached the maximum level of improvement in your medical condition. Don't sign a release until you have consulted with your lawyer about your injuries. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other documentation to make sure that you get the full amount of damages to that you are eligible.