The First Steps in Car accident law firm Litigation

Our determined lawyers will draft a formal demand letter if the insurance company refuses to pay you the amount you need to cover your injuries. This letter will detail all of your economic losses such as medical costs and lost wages as and non-economic losses like pain and discomfort.

Then a judge or jury will make a decision. If they rule in your favor they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your injuries and losses. 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 may aid your lawyer in determining what actually transpired during the collision, including the positions of both vehicles after impact, skid marks, road debris and other physical evidence. Take down the names and phone numbers of any witnesses who saw what happened. Having witnesses testify that corroborate your account of events is important as it could be common for drivers to have contradictory stories of what happened. This causes insurance companies to refuse to accept the claim or even denying the responsibility completely.

Medical records can also be used by your lawyer in order to prove the extent of your injury. They could include receipts, bills, accident Law firm lab results, diagnosis reports, discharge directions and other documents. It is essential to get these records as soon as you can, and also provide copies to your medical professionals.

Another type of evidence your lawyer could employ is a deposition which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. The lawyer can use the testimony to establish that your injuries have an immediate and predicable connection to the crash and, therefore, can justify the need for compensation for your injuries. The majority of the evidence mentioned above is available at the scene of the accident or soon after, but some may not be available until later in the legal process. It's important to contact a car accident lawyer with the right credentials as soon as you can to start an investigation while the evidence is still in its purest form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from an expert. A car accident attorney will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file a complaint with the court. This will outline your specific claims and the amount of money you'd like to recover in damages. This document is typically drafted by your lawyer and filed with the court and served on the defendant.

The discovery phase starts with both parties able to exchange information about their defenses and claims. The process can be very long and requires both sides to examine a variety of documents, including police reports, witness statements medical records, bills and much more. Each side may request interrogatories. These are a series questions that the other side must answer under oath within the timeframe specified.

In this phase, your lawyer will also work closely with doctors to get an accurate picture of your injuries and the impact they've affected your life. Your lawyer will determine the total damages. This will include any future medical expenses as well as lost wages, suffering and pain, and much more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely following discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, the case may move forward to trial. A jury or judge will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and the negligent insurance company of the driver exchange information that can support or damage your claim. Your attorney will ask for copies of the documents that support your case, such as medical bills, police reports, work loss records (e.g. an email from your employer which reveals the amount of time you were absent from work due to the cedar rapids accident lawyer), photographs of your vehicle as well as any damages or injuries or other pertinent financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to ask questions of witnesses and parties who are not present.

These written discovery tools are exchanged between attorneys from both sides. The written discovery tools give the opposing side an opportunity to respond to questions in writing, which must be answered under oath and to provide copies of other information that may be useful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding the damages or injuries you sustained that could be essential to your case. During a deposition, the attorney representing the at-fault party will ask you several questions, and your answers will be recorded on video or translated by a court reporter.

The purpose of these pretrial investigation processes is to allow your lawyer to build a strong and compelling case to the party at fault and their insurance company so that you can get an adequate and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle however, the majority of cases settle either during or after the discovery process, which is often be completed before your case goes to trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations, if you and the insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal proceeding in which both sides are required to argue their case and provide evidence before the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will explain your story in opening statements to the jury, together with any evidence you have, such as photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You can also offer testimony regarding your memories of the incident and how it has changed your life. Expert witnesses can also provide evidence to back up your claims. The lawyer for the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.

At trial, the jury has to decide whether the plaintiff's injuries were the result of the defendant's negligence. They will examine proximate cause, a complicated legal concept that lawyers spend countless hours studying in law school. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is a more complicated matter due to the severity of your injuries and the severity of your losses. Your attorney will provide evidence which includes expert testimony about the severity of your injuries, lost income and future earning potential, as well as your suffering and impairment.

5. Settlement

Every state has a time limit to settle your claim or bring an action. This is known as the statute of limitations. If your lawyer can't negotiate a settlement with your insurer, you might have to file a lawsuit in court. It can be costly and time-consuming, however it is often necessary to get compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents referred to as motions to ask the court for things like excluding certain types of evidence in trial. Settlement negotiations can be ongoing throughout this process, and most civil disputes in car accidents settle before a trial has to be held.

If they feel that your injury claim is valid and you are willing to go to trial the insurance company will offer a fair settlement offer. Settlement is faster and less risky compared to a court trial.

Before settling on an agreement, it's essential to be aware of the severity of your injuries and completed all medical treatment. If you accept a settlement before your doctor has determined you have reached maximum medical improvement (MMI) then you could miss out on additional compensation. Also, you should not sign a contract before you have spoken to your lawyer about the damages. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will carefully review your medical records and other documents to ensure that you receive the entire amount of damages for which you are entitled.