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The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need for your injuries, our tenacious attorneys will prepare an official demand letter. This will include all of your financial damages like medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

A jury or judge will then make a ruling. If they make a decision in your favor you will be awarded damages, and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an accident in the car it is essential to prove negligence to receiving compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports such as police reports, and other official reports.

Your lawyer might be able to establish what transpired in the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who were present at the incident. Witnesses that testify to support your version of events is important particularly since it can be common for drivers to have contradictory versions of what transpired, which leads to insurance companies refusing to accept the claim, or even deny responsibility completely.

Medical records can also be used by your lawyer to establish the severity of your injuries. These documents may include receipts, bills and lab results, diagnose reports, discharge guidelines and other records. It is essential to get these records as soon as you can and send copies to your medical professionals.

A deposition is yet another type of evidence that your attorney could make use of. It is a non-in the court testimony that is under oath and later transcribing by a Court Reporter. Your lawyer could use the testimony to establish that your injuries had a direct and foreseeable connection to the accident and, therefore, can justify the need for the compensation you deserve for your damages. Most of the evidence discussed above can be gathered at the site of the accident or soon after but some of it may not be available until much later in the litigation. It's important to contact an attorney for car accidents with the right credentials as soon as you can to start an inquiry while the evidence is still in its purest form.

2. The process of filing a complaint

Once the dust has settled and you've taken care of your injuries, it's time to seek expert legal advice. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is filing a complaint with the court. It will describe your specific claims and the amount of money you'd like to claim in damages. This form is usually prepared by an attorney and then filed in court. It will also be delivered to the defendant.

The discovery phase begins, allowing both parties to exchange information regarding their defenses and claims. The process can be long and requires both parties to look over a number of documents, including police reports as well as witness statements, medical records, bills and more. Each side can request interrogatories. They are a set of questions which the other side must answer under oath within an agreed upon timeframe.

Throughout this stage your lawyer will work with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will determine your total damages. This includes future and past medical expenses, lost wages, pain and suffering and more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver at fault. It is likely to take place after the completion of the discovery process and prior to trial. If the insurance company does not agree to a fair settlement or Buckley Accident Lawyer if the damages are substantial and not covered by insurance, then you might be required to go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car union grove accident lawsuit case. This is the time when your attorney and negligent insurer of the driver share information that could either support or derail your claim. Your attorney will request copies of documents that support your case, such as police reports, medical bills, work loss records (e.g. documents from your employer that outlines the amount of time you were absent from work because of the albion accident attorney) photos of your vehicle as well as any injuries or damages and other financial information. Your attorney may also employ written discovery tools, such as interrogatories or requests for production as well as requests for admissions to interview witnesses and other parties that are not part of the case.

These discovery tools written in writing are distributed back and forth between the attorneys from both sides. They give the opposing party the opportunity to answer questions in writing, which must be sworn to under oath, and to provide copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about 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 responses will be recorded on video or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to build a strong and compelling case to the at-fault party and their insurer, so that you can get a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case however most occur during or after the investigation process, which usually concluded prior to the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company do not agree on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is an official process in which both parties present arguments and evidence before a factfinder who makes an decision on how to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial the lawyer will give your account of the events in opening statements to the jury and any supporting evidence you have, including images or videos of the accident scene, witness testimony from witnesses and medical professionals, and documents like police reports and medical bills. You can also provide testimony about your memories of the incident and how it has changed your life. Expert witnesses can also testify to back your assertions. The lawyer representing the defendant can cross-examine witnesses and challenge to the admissibility of evidence.

At trial, the jury will determine if the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate cause, a complicated legal concept that lawyers spend many hours studying during law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you are entitled to. It's also a complex matter because it is based on the severity of your injuries as well as the extent to which you have suffered. Your lawyer will present evidence which includes expert testimony about the severity of injuries loss of income, future earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer can't negotiate a settlement with the insurer, you might have to make a court filing. It can be time-consuming and costly, however it is usually necessary to pursue compensation.

During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents known as motions that ask the court to consider the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are settled before a trial is needed.

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

It is essential to fully understand your injuries before you agree to the settlement. You must also have completed all medical treatment. If you accept a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) and you are not able to not receive additional compensation. Additionally, you should not sign an agreement until you have spoken with your lawyer and have an understanding of all damages. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other documentation to make sure that you receive the entire amount of damages to that you are eligible.