The First Steps in Car Accident Litigation
If the insurance company refuses to pay you the amount you need to cover your injuries, our determined lawyers will draft a formal demand letter. It will detail all your financial losses such as medical bills and lost wages, and non-economic damages like suffering and pain.
Then the judge or jury will decide. If they decide to your advantage you are awarded damages and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit involving an accident in a car it is essential to prove negligence to receiving compensation for your injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.
Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the collision, including the location of both vehicles after impact, skid marks road debris and other evidence that is physical. Note down the names and contact details of any eyewitnesses that witnessed the events. It is crucial to have witnesses corroborate the events that took place, as it can often be the case that drivers will give contradictory statements that result in insurance companies denying or refusing the liability.
Other types of evidence your lawyer might use include medical records. These could include receipts, bills, diagnosis reports, lab results, discharge guidelines, and other evidence that proves the severity of your injuries. You should get these records as soon as possible, and make sure to send copies to your healthcare providers.
Another type of evidence that your attorney could use is a deposition, which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer may utilize the testimony to prove the fact that your injuries had a direct and foreseeable connection to the accident, which helps justify requesting compensation for your losses. The majority of the evidence mentioned above can be gathered at the scene of the accident or shortly afterwards but some of it may not be available until much later in the legal process. It is crucial to contact a lawyer for car accidents with the appropriate credentials immediately so they can begin an inquiry as evidence is in its most pure form.
2. Making a complaint
Once the dust has sunk and you've treated your injuries, it's time to seek legal advice from a professional. A lawyer for car accidents can provide you with the expertise to maximize your compensation.
The first step is to file an application with the court. This document will outline your specific claims and the amount you'd like to recover in damages. The document is usually drafted by your attorney, and then filed with the court and served 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 lengthy and requires both sides to examine a variety of documents, including police reports witnesses' statements, police reports and medical records, as well as bills and much more. Each side may demand interrogatories. They are a series of questions that each party must answer under oath within a set deadline.
Throughout this process the lawyer will work with doctors to ensure that they have a complete picture of the severity of your injuries and the impact they've had on your daily life. Your lawyer will then estimate the total damages you have suffered, which will include the past and future medical costs loss of earnings, suffering and pain and much more.
Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company refuses to negotiate a fair settlement or if you've incurred significant losses that aren't covered by the insurance policy, your case could be referred to trial. A judge or jury will decide on the case based on all of the evidence presented.
3. Discovery
Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent driver's insurer exchange information that can support or derail your claim. Your attorney will seek copies of all documents that support your case. This includes police reports,
Accident Attorney medical bills and work loss records from your employer (showing how much time you've missed because of the accident) photographs of your vehicle, any injuries or damages and other financial details. Your lawyer will also make use of written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions in order to question witnesses and other parties who are not in the case.
These written discovery tools are circulated back and forth between attorneys for both sides. They give the opposing side an opportunity to reply to questions in writing, that must be answered under oath, and to provide copies of certain documents and other information which could be beneficial to your case.
Your Long Island car
accident attorney will also question witnesses and anyone who has information regarding the damages or injuries you sustained that could be important to your case. In a deposition, the lawyer representing the at-fault party will ask you questions, and your answers will either be recorded on video by the court reporter or translated.
These pretrial investigation procedures are designed to help your lawyer develop a convincing case against the at-fault person and their insurer in order to negotiate an equitable settlement for all your losses, injuries, expenses and losses. There is no guarantee of a settlement in every case, but most occur during or after the investigation process, which usually completed prior
Accident attorney to the trial.
4. Trial
Although the majority of car accidents settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, your case may go to trial. A trial is an official process where both parties are required to argue their case and provide evidence before an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder usually a jury.
Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it like photos or videos of the scene of the
accident attorneys, testimony from witnesses and medical professionals, and documents such as police reports and bills. You may also testify on your personal memories of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your claims. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility or validity of certain evidence.
In a trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate cause which is a tangled legal concept that lawyers spend countless hours studying during law school. Proximate causes considers the relationship between the defendant's actions and the plaintiff's injuries.
A jury must also determine how much damages you will be awarded. It is also a complicated issue because it depends on the severity of your injuries and the extent to which you have suffered. Your lawyer will present evidence that includes expert testimony from a witness regarding the severity of your injuries, your lost income, and your future earnings potential in addition to your suffering and pain as well as impairment, disfigurement and.
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