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The First Steps in Car Accident Litigation
If the insurance company refuses to give you the amount you require for your injuries, our determined attorneys will prepare an official demand letter. This will include all of your economic damages, such as medical bills and lost wages, and non-economic damages, such as suffering and pain.
Then a judge or jury will then make a decision. If they rule to your advantage you are awarded damages and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit that involves a car accident, proving negligence is vital in obtaining compensation for your 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.
Your lawyer might be able to establish what happened in the accident by taking photos of the scene, including skid marks road debris, skid marks and other physical evidence. Also, take note of the names and contact details of any eyewitnesses who witnessed what happened. It is crucial that witnesses confirm the events took place, as it can often be the case that drivers offer contradictory statements that result in insurance companies refusing to accept or deny the liability.
Other evidence that your lawyer could utilize include medical records, which could include receipts, bills diagnose reports, lab results, discharge instructions, and other documentation that demonstrate the extent of your injuries. It is essential to get these records as soon as you can, and also provide copies to your healthcare providers.
Depositions are another form of evidence that your attorney might make use of. This is an out-of court statement made under oath. It is then transcribed by a Court Reporter. Your lawyer may utilize this testimony to prove that your injuries were an immediate, obvious connection to the accident. This helps to justify seeking compensation. Most of the evidence mentioned above can be gathered at the scene of the accident or shortly afterwards but some of it may not be available until later in the legal process. It is essential to contact a lawyer for car accidents with the right credentials as soon as you can to start an investigation when the evidence is in its purest form.
2. Making a complaint
After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an experienced. A car accident attorney can provide the necessary expertise 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 that you're bringing and the amount of money you are seeking in damages. This type of document is typically drafted by an attorney, and filed in the court. It will also be given to the defendant.
The discovery phase starts, allowing both parties to share information about their claims and defenses. The process can be very long and requires both teams to look over a number of documents, including police reports and witness statements, medical records, bills and more. Each side can ask for interrogatories, which are a set of questions the other party must answer under oath, within a specific time frame.
During this stage, you lawyer will also work closely with doctors to get an accurate picture of your injuries and the impact that they've caused on your life. Your lawyer will then estimate your total damages that will include the future and past medical expenses and lost earnings, as well as suffering and pain, and more.
Your lawyer could be able to reach a settlement agreement with the insurance company of the driver at the fault. This is more likely following discovery and prior to trial. If the insurance company refuses an equitable settlement, or if the damages are significant and not covered by insurance, you may need to go 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 the attorney representing you and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will ask for documents that can support your case, such as police reports, medical bills and work loss records (e.g., from your employer which reveals how much time you missed work due to the accident) photos of your car and any damages or injuries and other financial information. Your lawyer will also make use of written discovery tools like interrogatories or requests for production as well as requests for admissions to interview witnesses and other parties who aren't present in the case.
These written discovery tools are exchanged back and forth between attorneys for both sides. The written discovery tools give the other side an opportunity to answer questions in writing, which must be answered under oath and to provide copies of other information which could be useful to you.
Your Long Island car accident attorney will also depose witnesses and anyone who has information about your injuries or damages that could be vital to your case. During a deposition, the at-fault party's lawyer will ask you several questions, and your responses will be recorded on video or transcribed by a court reporter.
The goal of these pretrial investigation processes is to help your lawyer to present a strong and compelling case to the responsible party and their insurance company so that you are able to secure an equitable and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case however the majority of cases do so during or after the investigation process, which usually done prior to trial.
4. Trial
Trials can be arranged in situations when you and the insurance company do not agree regarding the fault of the other party or the amount of compensation you should receive for your injuries. A trial is an official proceeding in which both sides are required to argue their case and provide evidence before an impartial factfinder who takes a decision to resolve 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 along with any supporting evidence you may have, such as photos or video of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You may also testify on your memory of the incident and how it affected your life. Expert witnesses can also offer evidence to back up your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.
The jury will decide in the trial whether the plaintiff's harm was the result of the defendant's negligence. They will examine proximate cause which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate cause looks at the relationship between the actions of the defendant and the plaintiff's injuries.
A jury is also required to determine the amount of damages you're entitled to. It's also a complicated matter because it is based on the severity of your injuries as well as the degree to which you've suffered. gary accident lawsuit will present your evidence which includes expert witness testimony about the severity of your injuries, your lost income, and future earnings potential in addition to your pain and suffering disfigurement, impairment, and.
5. Settlement
Each state has a specific legal deadline, commonly referred to as the statute of limitations where you have to settle your claim or file a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, then you might have to file a car accident lawsuit in court. It can be lengthy and costly, but it is usually required to seek compensation.
During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with the other). Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as the exclusion of certain types of evidence during trial. Settlement negotiations can go on throughout the entire process, and a majority of civil disputes arising from car accidents end before a trial needs to be held.
If they believe that your injury claim is valid and you are willing to go to trial, insurance companies will make a fair settlement offer. Additionally settlement is quicker and less risky for them than a trial.
Before settling on an agreement, it's important to understand the extent of your injuries and that you have completed all medical treatment. You may not receive additional compensation if you accept a settlement until your doctor has concluded that you have reached the point of maximum improvement. Also, you should not sign a release until you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other evidence to make sure that you receive the entire amount of damages to which you are eligible.
