• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official letter of demand if the insurance company refuses to provide you with the amount you need to cover your injuries. This will outline all the economic losses you have suffered, such as medical bills and lost wages, and non-economic damages, like pain and suffering.

Then a jury or judge will decide. If they come to a decision in your favor, you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of 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 documents, photos, witness testimony, official reports including police reports and other official reports.

Photographs of the scene of the accident might aid your lawyer in determining what happened during the collision, including the positions of both cars following the impact, skid marks, road debris, and other physical evidence. Also, note the names and phone numbers of any witnesses who witnessed what transpired. It is essential that witnesses who can confirm the events that were actually happening, as it may often be the case that drivers provide contradictory stories that lead to insurance companies refusing to accept or deny liability.

Other forms of evidence your lawyer could use include medical records, which can include bills, receipts diagnostic reports, lab results, discharge guidelines, and other evidence that proves the extent of your injuries. You should get these records as soon as you can and send copies to your healthcare providers.

Another form of evidence your attorney may use is a deposition, which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer can make use of the testimony to prove that your injuries have an immediate and predicable connection to the crash, which helps justify requesting compensation for your injuries. Although the majority of the above types of evidence are obtained at the scene or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is the reason it's essential to contact a reputable lawyer for accidents car accidents as soon as possible, so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek expert legal advice. An attorney for car accidents will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is filing a complaint with the court. This document will outline your specific claims and the amount of money you want to recover in damages. The document is usually written by an attorney, and filed in the court. It will also be served on the defendant.

The discovery phase starts by allowing both parties to share information regarding their claims and defenses. The process can take a long time and accidents requires both sides to look over a number of documents, including police reports witnesses' statements, police reports and medical records, as well as bills and much more. Each side can request interrogatories, which are a set of questions that each party must answer under oath by a predetermined time frame.

During this stage, you lawyer will also work closely with doctors to get the full picture of your injuries as well as the impact that they've affected your life. Your attorney will then calculate the total damages you have suffered that will include the future and past medical expenses loss of earnings, suffering and pain and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at the fault. This is more likely to happen after discovery and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you've incurred significant damage that is not covered by the insurance policy, your case may move forward to trial. A judge or jury will make a decision in the case based on all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will request copies of documents to support your case. These documents include police reports medical bills, as well as work loss documents from your employer (showing how much time you've missed due to the accident) photographs of your vehicle and any damages or injuries and financial information. Your attorney will also use written discovery tools like interrogatories, requests for production and requests for admissions to question witnesses and parties who are not part of the case.

The written discovery tools are distributed back and forth between the attorneys of both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing which must be answered under oath and to provide copies of other information that may be helpful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the accident as well as any person 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 be recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to assist your lawyer to build an argument that is persuasive and strong to the responsible party and their insurance company so that you can receive an equitable and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case however, the majority of cases do so during or after the investigation process, which is typically done prior to trial.

4. Trial

The majority of car accidents are settled through informal negotiations If you and the insurance company do not agree on who is at fault or how much compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who renders a verdict that settles the issue. In personal injury cases the factfinder is typically a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury, as well as any other evidence that you have, like photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like medical bills and police reports. You can also provide testimony about your memories of the incident and how it affected your life. Expert witnesses can also offer evidence to back up your assertions. The lawyer for the defendant can cross-examine witnesses and object to admissibility of some evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligent behavior. They will look at proximate causes, a complex legal concept that law students spend hours studying. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. It's a difficult matter because it is based on the severity of your injuries and the extent to which you have suffered. Your attorney will present evidence, including expert testimony, about the severity of your injuries, lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state has a specific deadline within which you can settle your claim or file an action. This is referred to as the statute of limitations. If your lawyer is unable to negotiate a settlement with your insurer, you might have to file a lawsuit in court. It's costly and time-consuming. However, it is often necessary to get compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court to consider not allowing certain types of evidence at trial. Settlement negotiations may continue throughout the process, and a lot of civil disputes arising from car accidents end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you are willing to go to trial. In addition, settlement is quicker and less risky for them than a trial.

Before settling on the settlement, it's crucial to fully comprehend the severity of your injuries and completed all medical treatments. It is possible to lose additional compensation if you accept an offer of settlement until your doctor has confirmed that you have achieved the maximum medical improvement. Also, you should not sign the release until you've spoken with your lawyer and have a complete understanding of your losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will scrutinize your medical records and other documents to ensure that you are entitled to all damages for which you qualify.