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

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter in the event that the insurance company refuses to provide you with the amount you require for your injuries. This will outline all your economic damages such as medical bills and lost wages, as well as non-economic damages like suffering and pain.

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

1. Gathering Evidence

In a lawsuit involving a car accident, proving liability and negligence is key to obtaining compensation for your losses and injuries. Gathering evidence is among the first steps of the litigation process, and it requires gathering documents witnesses' testimony, photographs, and official reports, such as police reports.

Photographs of the scene of the accident may assist your attorney in determining what actually transpired during the collision, including the positions of both cars following the impact, skid marks, road debris and other evidence that is physical. Take down the names and phone numbers of any witnesses who witnessed what happened. It is essential that witnesses who can confirm the events that took place, since it can often happen that drivers offer contradictory statements that result in insurance companies refusing or denying liability.

Medical records can also be used by your lawyer to demonstrate the severity of your injury. They could include receipts, bills laboratory results, diagnosis reports, discharge instructions and other documents. You should obtain these records as soon as possible and provide copies to your healthcare providers.

Another form of evidence that your attorney could use is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer could make use of the testimony to prove the fact that your injuries had an immediate and clear connection to the accident and can be used to justify the compensation you deserve for your damages. Although the majority of the above types of evidence can be obtained at the scene or shortly thereafter, some of them may not be accessible until later in the litigation process. This is why it's important to contact a reputable car accident lawyer as soon as you can so that they can begin investigating while vital evidence is still in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek legal advice from a professional. A car accident lawyer 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 as well as the amount of money you'd like to recover in damages. The document is usually written by an attorney, and filed in the court. It is also given to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and documents related to their claims and defenses. The process can be very long and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports, medical records, bills and more. Each side may require interrogatories. These are a set of questions that each party must answer under oath by a predetermined timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain the full picture of your injuries as well as the impact that they've caused on your life. Your lawyer will estimate the total damages. This includes future and past medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. This is most likely to occur following the conclusion of discovery and before trial. If the insurance company doesn't agree to an acceptable settlement, or if your damages are important and not covered by insurance, then you may need to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is when your attorney and negligent insurer for the driver share information that could either support or damage your claim. Your attorney will ask for copies of documents to support your claim. 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 and other financial details. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These documents are exchanged between attorneys from both sides. They give the opposing party an opportunity to reply to questions in writing, which have to be sworn to in oath and to provide copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident lawyer will also depose witnesses to the collision as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition, the attorney representing the at-fault party will ask you an array of questions and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation processes are designed to assist your lawyer create a compelling case against the person who is at fault and their insurer to negotiate an equitable settlement for all of your injuries and losses, costs and expenses. While there is no guarantee that every case will settle however, the majority of cases settle at the end of or following the discovery process, which can often be completed before your trial.

4. Trial

While the vast majority of car accidents are settled through informal negotiations however, if you and your insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is a formal process that involves both sides presenting arguments and evidence to a factfinder, who renders a verdict that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial, your lawyer will present your version of events in your opening statements to the jury, and any supporting evidence that you have, like photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You may also testify about your personal memories of the incident and how it impacted your life. Expert witnesses can also give evidence to back up your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of specific evidence.

At trial, the jury has to decide if the plaintiff's injuries were the result of the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers spend many hours studying during law school. Proximate causes examines 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 should receive. This is another complicated issue because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present evidence, including expert witness testimony regarding the severity of your injuries, your loss of income, and future earnings potential, as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer can't reach a settlement with the insurer, you could be required to start a lawsuit in the courtroom. This could be a lengthy process and expensive, but it is often required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents, referred to as motions asking the court for specific things such as excluding certain types of evidence during trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are settled before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to take the case to trial. Additionally, the settlement process is faster and less risky for them than a trial.

Before agreeing to an agreement, it is essential to be aware of the extent of your injuries. You must also have completed all medical treatment. If you settle prior to your doctor determining that you have reached the maximum medical improvement (MMI) then you could not be eligible for additional compensation. It is also important not to sign a release until you have spoken with your lawyer about your injuries. Your lawyer will ensure you do not be denied compensation that is valuable. They will go through your medical records and other documents, to ensure that you are entitled to all damages for which you qualify.