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The First Steps in Car Accident Litigation
If the insurance company refuses to give you the amount of money you need to cover your injuries, our determined attorneys will prepare an official demand letter. This letter will provide a detailed description of your financial losses such as medical costs and lost wages, as in addition to non-economic damages like discomfort and pain.
Then, a judge or jury will make a decision. If they rule to your advantage you will be awarded damages. In addition, the defendant will be required to pay them.
1. Gathering Evidence
In a case of a car crash lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Gathering evidence is one of the first steps of the litigation process, and it involves gathering documents, photographs, witness testimony, and official reports, such as police reports.
Your lawyer may be able to determine what happened during the accident by taking pictures of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, take note of the names and phone numbers of any witnesses who witnessed what occurred. Witnesses who testify that confirm your account of events is important as it could be common for drivers to give contradicting versions of what transpired, which can lead to insurance companies refusing to accept the claim, or even deny the responsibility completely.
Other types of evidence your lawyer might use include medical records, which may include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other documentation that demonstrate the severity of your injuries. It is important to obtain these records as soon as you can, and also provide copies to your healthcare providers.
A deposition is yet another type of evidence that your attorney can employ. It is an out-of court testimony under oath and later recorded by a Court Reporter. Your lawyer could use this evidence to prove your injuries had an obvious, predicable connection to the accident. This can be used to justify the need for compensation. The majority of the evidence mentioned above is available at the scene of the accident or within a short time, but some may not be available until much later in the legal process. This is why it's important to contact a reputable car accident lawyer as quickly as possible so that they can begin an investigation while the crucial evidence is in its purest form.
2. Making a Complaint
After the dust has settled and you've treated your injuries, it's the time to seek professional legal advice. A car accident lawyer can provide you with the expertise to maximize your compensation.
The first step is to file a complaint in court, which outlines the specific claims that you are making and the amount you are seeking in damages. The document is usually written by an attorney, and filed in the court. It is also delivered to the defendant.
The discovery phase begins with both parties able to exchange information about their claims and defenses. The process can take a considerable time and both teams may require a thorough review of documents including police reports and witness statements. They may also have to review medical records, bills, and other documents. Both sides can request interrogatories. These are a set of questions which the other side must answer under oath in an agreed upon timeframe.
During this stage, you lawyer will also collaborate with doctors to gather a full picture of your injuries and the impact that they've caused on your life. Your attorney will then calculate the total damages you have suffered, which will include future and past medical expenses and lost earnings, as well as suffering and pain and much more.
Sometimes, norwalk accident lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company refuses a fair settlement or if the damages are important and not covered by insurance, then you may be required to go to trial. A judge or jury will decide on the case based on the evidence presented.
3. Discovery
Discovery is an essential step in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will ask for copies of documents that support your case, including police reports, medical bills and work loss records (e.g., from your employer that outlines how much time you missed work because of the accident) photos of your vehicle as well as any damages or injuries as well as other financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and witnesses who are not present.
The written discovery tools are sent back and forth between the attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of certain documents and other information that could be helpful to your case.
Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision and any person who has information about your injuries or damages that could be relevant to your case. During a deposition the lawyer of the at-fault person will ask you questions and your answers will be recorded on video by the court reporter or translated.
These pre-trial investigation procedures are designed to assist your lawyer build a compelling case against the person who is at fault and their insurer in order to get a fair settlement for all your losses, injuries or losses, as well as expenses. There is no assurance of a settlement in every case but the majority of them occur during or after the investigation process, which is often completed before the trial.
4. Trial
Trials are possible where you and the insurance provider disagree about who is at fault or the amount of compensation you should be awarded for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder who issues a decision that resolves the dispute. In personal injury cases, the factfinder is typically a jury.
Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence, such as photos or videos of the accident scene or testimony from witnesses, medical professionals, and documents such as police reports and bills. You may also offer your testimony regarding your memory of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of specific evidence.
The jury will decide during trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will examine proximate causes, a complex legal concept that law students spend hours studying. Proximate causes considers how close the connection is between the actions of the defendant 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 depends on the extent of your injuries and the degree to which you've suffered. Your lawyer will present your evidence which includes expert witness testimony on the severity of your injuries, the loss of income, and your future earnings potential as well as your suffering and pain as well as impairment, disfigurement and.
5. Settlement
Every state has a deadline within which you can settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer cannot negotiate a settlement with the insurer, you could be required to start a lawsuit in the courtroom. It can be expensive and time-consuming, but this is often necessary 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 to ask the court for specific things such as the exclusion of certain kinds of evidence during trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are resolved before a trial is needed.
Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you'll be willing to take the case to trial. In addition the settlement process is faster and less risky for them than a trial.
It is vital to fully comprehend your injuries before you agree to an agreement. You must also have completed all medical treatments. If you sign a settlement before your doctor has determined you have reached the maximum medical improvement (MMI) it is possible to be denied additional compensation. Additionally, you should not sign an agreement until you have spoken with your lawyer and had a complete understanding of your losses. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will carefully review your medical records and other evidence to ensure that you get the full amount of damages for which you are eligible.
