The First Steps in Car Accident Litigation
Our firm of tenacious lawyers will draft an official demand letter if the insurance company refuses to provide you with the amount you need for your injuries. This will list all the economic losses you have suffered including medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.
A judge or jury will then make a ruling. If they rule in your favor, you will be awarded damages and the defendant must pay them.
1. Gathering Evidence
In a lawsuit that involves an accident in a car, proving negligence is crucial in obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports, and other official reports.
Photographs of the scene of the accident could assist your attorney in determining what actually transpired in the crash, including the position 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 the events. Witnesses that testify to support your version of the events is essential as it could be common for drivers to give contradicting versions of what transpired, which results in insurance companies refusing to accept the claim, or even deny responsibility completely.
Other evidence that your lawyer might use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other evidence that proves the severity of your injuries. You should get these records as soon as you can and provide copies to your medical professionals.
Another form of evidence that your lawyer could make use of is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer can use the testimony to establish that your injuries had a direct and foreseeable connection to the crash, which helps justify requesting the compensation you deserve for your damages. While the majority of these kinds of evidence can be gathered at the starkville accident lawyer scene or shortly thereafter however, some evidence may not be accessible until later in the litigation process. It’s crucial to speak with a car accident lawyer with the right credentials as soon as you can to begin an inquiry while the evidence is in its purest form.
2. Making a Complaint
When the dust has cleared and you’ve treated your injuries, it’s time to seek out legal counsel from an expert. A lawyer for car accidents can give you the experience to maximize your compensation.
The first step is to file a complaint with court, which details the specific claims that you are making and how much money you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It is also served to the defendant.
It also kicks off the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can be very long and requires both teams to look over a number of documents, including police reports, witness statements medical records, bills and much more. Each side may request interrogatories, which are a set of questions which the other 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 they’ve had on your life. Your attorney will calculate your total damages that include past and future medical expenses as well as lost earnings, pain and suffering and much more.
Sometimes, your lawyer may be able to reach an agreement with the responsible driver’s insurance company. This is more likely to happen after discovery and before the trial. If the insurance company refuses an acceptable settlement, or if the damages are significant and are not covered by insurance, you may be required to go to trial. A judge or jury will decide on the case based on all the evidence presented.
3. Discovery
Discovery is a crucial phase in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will request copies of the documents to prove your case. These include police reports medical bills, http://www.asystechnik.com/index.php/3_Ways_In_Which_The_Accident_Lawyer_Can_Influence_Your_Life as well as work loss documents from your employer (showing the length of 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 written discovery tools such as interrogatories and requests for production to inquire into witnesses and parties who are not present.
The written discovery tools are exchanged back and forth between the attorneys from both sides. They give the opposing side the chance to respond to questions in writing, that must be sworn to in oath and to provide copies of specific documents or other information which could be beneficial to your case.
Your Long Island car accident lawyer will also be able to depose witnesses to the collision, as well as anyone who has information about your injuries or damages that could be relevant to your case. During a deposition, your lawyer of the at-fault person will ask you questions and your responses will be recorded on video by a court reporter or transcribed.
The pretrial investigation process is designed to assist your lawyer build a compelling case against the person who is at fault and their insurer in order to secure an equitable settlement for all your injuries, expenses and losses. There is no assurance of a settlement in every case but most occur during or after the investigation process, which usually completed before the trial.
4. Trial
Although the majority of car accident cases settle through negotiations outside of court, 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, your case could be heard in a trial. A trial is an official proceeding where both parties present their arguments and evidence to the factfinder, who makes a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.
Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence including photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You can also offer testimony regarding your memory of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The defendant’s attorney can cross-examine witnesses, and argue against the admissibility of specific evidence.
The jury will decide at trial whether the plaintiff’s injury was caused by the defendant’s negligent conduct. They will be examining proximate causes which is a complex legal concept that lawyers spend many hours studying during law school. Proximate cause examines the relationship between the actions of the defendant and the plaintiff’s injuries.
A jury is also required to decide how much compensation you are entitled to. This is a more complicated matter, as it depends on how severe your injuries are and the severity of your losses. Your lawyer will provide evidence, including expert testimony, about the severity of injuries loss of income, future earning potential, as well your pain and suffering as well as impairment.
5. Settlement
Each state establishes a legal deadline, commonly referred to as the statute of limitations, where you have to settle your claim or bring a lawsuit. If your lawyer isn’t successful in negotiating a reasonable settlement with the insurance company, then you might require filing a car accident lawsuit in court. It’s costly and time-consuming, however it is often necessary to get compensation.
During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a procedure that is formal in which both sides exchange information with one another). Your attorney will also file legal documents, known as motions, asking the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue during this process. A majority of car Gun Barrel City plattsmouth accident lawsuit Attorney (Vimeo.Com) civil disputes are resolved before a trial is necessary.
If they believe that your injury claim is solid and that you are willing to go to trial insurance companies will make an honest settlement offer. Settlements are more efficient and less risky than an in-court trial.
It is vital to understand your injuries prior to a settlement. You must have completed all medical treatments. If you agree to a settlement before your doctor has determined that you have reached the maximum medical improvement (MMI) then you could be denied additional compensation. You should also not sign a settlement agreement before you have spoken with your lawyer regarding your damages. Your lawyer will ensure that you don’t lose out on a significant amount of compensation. They will look over your medical records, as well as other documentation, to ensure that you are entitled to all of the damages that you are entitled to.
