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The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you require for your injuries, our hard-working lawyers will draft an official demand letter. This will include all of your economic damages including medical expenses and lost wages, and other damages that are not economic, like suffering and pain.

Then the judge or jury will take a call. If bloomington accident law firm rule in your favor they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is the most important aspect to obtain compensation for your losses and 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 can assist your attorney in determining what happened during the crash, including the position of both cars following the collision, skid marks, road debris, and other physical evidence. Also, take note of the names and phone numbers of any eyewitnesses who saw what transpired. Witnesses that testify to support your version of the events is essential as it could be common for drivers to give contradicting reports of what happened, which causes insurance companies to refuse to accept the claim or denying any responsibility at all.

Medical records can also be utilized by your lawyer in order to prove the severity of your injury. They could include receipts, bills, lab results, diagnosis reports, discharge guidelines and other documentation. It is important to obtain these records as soon as possible and ensure that you provide copies to your medical professionals.

Another form of evidence that your lawyer could use is a deposition, which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer may use the testimony to establish that your injuries had an immediate and obvious connection to the accident which can help justify the compensation you deserve for your damages. While most of the above-mentioned kinds of evidence can be collected at the scene of the accident or within a short time after but some of the evidence might not be accessible until later in the litigation process. This is the reason it's essential to contact a reputable lawyer in the event of a car accident as soon as you can, so they can begin an investigation while vital evidence is still in its purest form.

2. Filing a Complaint

When the dust has cleared and you've treated your injuries, it's the time to seek professional legal advice. A lawyer who has handled car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file an application with the court. The complaint will detail your specific claims and the amount you wish to recover in damages. This document is typically drafted by your lawyer and filed with the court, and then served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can take a long time and requires both parties to review many documents, including police reports witnesses' statements, police reports medical records, bills and much more. Each side may request interrogatories. They are a set of questions which the other side must answer under oath within an agreed upon timeframe.

In this phase, your lawyer will also work closely with doctors to gather a full picture of your injuries as well as the impact they've affected your life. Your attorney will calculate your total damages that include the future and past medical expenses loss of earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is likely to occur following the conclusion of discovery and prior to trial. However, if the insurance company refuses to provide a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case could be referred to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery





Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that could assist or derail your claim. Your attorney will request copies of documents to support your claim. These documents include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you missed due to the accident), photos of your vehicle and any damages or injuries and other financial details. Your attorney may also employ written discovery tools such as interrogatories and requests for production, as well as requests for admissions to question witnesses and parties who are not part of the case.

These tools for discovery are exchanged between attorneys on both sides. They give the opposing side a chance to respond to questions in writing, that must be sworn to in oath and to supply copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident, as well as anyone who has information about your injuries or damages that could be important to your case. During a deposition, your lawyer representing the at-fault party will ask you questions and your answers will either be recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to help your lawyer to present an argument that is persuasive and strong to the party at fault and their insurance company so that you can get a fair and complete settlement for your injuries, losses and expenses. Although there is no guarantee that every case will settle but the majority settle at the end of or following the discovery process, which may be completed before the case goes to trial.

4. Trial

Trials are possible where you and the insurance company do not agree regarding the fault of the other party or the amount you should receive for your injuries. A trial is a formal proceeding in which both parties argue and present evidence to an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury as well as any other evidence you have, including photos or video of the accident scene, testimony from witnesses and medical professionals, as well as documents like medical bills and police reports. You can also offer testimony regarding your memories of the incident and how it has affected your life. Expert witnesses can also provide testimony to support your claims. The attorney for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, the jury must decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers have to spend many hours studying in law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you're entitled to. It is also a complicated issue because it is contingent on the extent of your injuries and the amount to which you've suffered. Your attorney will provide evidence, including expert testimony, regarding the severity of your injuries that resulted in loss of income and earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations in which you must 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 start a lawsuit in the courtroom. It can be lengthy and expensive, but it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents, referred to as motions that ask the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are settled before a trial is needed.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and you'll be willing to go to trial. Settlement is faster and less risky than the court trial.

Before you agree to an agreement, it's important that you fully understand the extent of your injuries. You must also have completed all medical treatments. It is possible to lose additional compensation if you agree to an offer of settlement until your doctor has concluded that you have reached the point of maximum improvement. You should also not sign a settlement agreement before you've spoken with your lawyer about the damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will review your medical records, as well as other documents, to ensure that you are entitled to all damages for which you qualify.