The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter if the insurance company is unable to pay the amount you're entitled to for your injuries. It will detail all the economic losses you have suffered including medical expenses and lost wages, and other damages that are not economic, like suffering and pain.

Then a jury or judge will decide. If they decide in your favor they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is essential to receive compensation for your losses and injuries. Gathering evidence is one of the initial steps in the litigation process. it involves collecting documents including photographs, witness statements and official reports like police reports.

Photographs of the scene of the minooka accident lawsuit might aid your lawyer in determining what actually happened in the collision, including the location of both cars following the impact, skid marks, road debris and other physical evidence. Note down the names and contact details of any witnesses who were present to witness what happened. Having witnesses testify that corroborate your version of the events is essential, especially since it can be common for drivers to have contradictory stories of what happened. This results in insurance companies refusing to accept the claim, or even deny any responsibility at all.

Medical records can also be used by your lawyer in order to prove the severity of your injury. These documents could include bills, receipts, lab results, diagnosis reports, discharge instructions, and other records. You should get these documents as soon as you can and give copies to your healthcare providers.

Another form of evidence your attorney 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 could use this testimony to establish your injuries had an obvious, predicable connection to the accident. This is a good argument to support seeking compensation. While the majority of these types of evidence can be collected at the scene of the accident or within a short time after, some of it might not be accessible until later in the litigation process. It's important to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can so that they can begin an investigation when the evidence is in its most natural form.

2. Filing a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A car accident attorney can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims that you're bringing and how much money you're seeking in damages. The document is usually drafted by your attorney, and then filed with the court and then served on the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a long duration and both teams will need to review a lot of documents including police reports and witness statements. They might also need to review medical records, bills, and other documents. Both sides can request interrogatories. These are a series of questions which the other side has to answer under oath in a specified time frame.

During this stage, you lawyer will also collaborate with your doctor to get an accurate 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 past and upcoming medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to negotiate an agreement with the responsible driver's insurance company. This is likely to take place after the completion of the discovery process and prior to trial. If the insurance company refuses to provide a fair settlement or if you have incurred significant damage that is not covered by the insurance policy, your case could go to trial. A judge or jury will decide on the case based on the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of documents that support your case. These include police reports, medical bills and work loss records from your employer (showing how much time you've missed due to the accident) photos of your vehicle and any damages or injuries as well as other financial data. Your attorney may also employ documents for discovery in writing, such as interrogatories or requests for production as well as requests for admissions to question witnesses and other parties who aren't present in the case.

These documents are exchanged between attorneys from both sides. They provide the opposing party a chance to respond to questions in writing, which must be sworn to in oath and to supply copies of certain documents and other information that could be useful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding your injuries or damages which could be crucial to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your answers will either be recorded on video by a court reporter or transcribing.

These pre-trial investigation procedures are designed to assist your lawyer create a compelling case against the responsible party and their insurer in order to negotiate an equitable settlement for all of your injuries, expenses and losses. There is no assurance of a settlement in each case but the majority of them will settle during or following the investigation process, which is usually completed prior to the trial.

4. Trial

The majority of car accident cases are settled through informal negotiations, if you and the insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case may be heard in a trial. A trial is a formal proceeding where both parties are required to present arguments and evidence before the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury, along with any supporting evidence that you have, like images or videos of the accident scene, testimony from bystanders and medical professionals, as well as documents like police reports and medical bills. You may also offer your testimony regarding your memories of the incident and how it has 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 challenge the admissibility of certain evidence.

In a trial, accident attorney jurors must determine if the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate causes, a complex legal concept that law students will spend hours studying. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. It's also a complex issue because it is contingent on the extent of your injuries and the extent to which you have suffered. Your attorney will present evidence that includes expert testimony about the severity of your injuries loss of income, future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Every state has a deadline to settle your claim or bring an action. This is known as the statutes of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you could need to file a car accident lawsuit in court. It's costly and time-consuming, however it is often necessary to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with one another). Your lawyer will also file legal documents known as motions asking the court for certain things, such as not allowing certain types of evidence during trial. Settlement negotiations can go on throughout the process, and a lot of car alameda accident lawsuit civil disputes end before a trial has to be held.

If they believe that your injury claim is legitimate and you are willing to go to trial, insurance companies will make an appropriate settlement offer. In addition the settlement process is faster and less risky than a trial.

It is important to understand your injuries before you agree to a settlement. It is also important to have completed all medical treatments. If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Don't sign a release before you have spoken to your lawyer about your damages. Your lawyer will ensure you do not lose out on the valuable compensation. They will carefully review your medical records and other documentation to make sure that you get the full amount of damages to which you are entitled.