The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you require for your injuries, our persistent lawyers will draft a formal demand letter. This letter will provide a detailed description of your economic damages such as medical expenses and lost wages, as and non-economic losses such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is key to obtaining compensation for your losses and 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 happened during the wilmington accident law firm, including the position of both cars following the impact, skid marks road debris and other physical evidence. Record the names and contact information of any witnesses who were present to witness what happened. It is crucial that witnesses to verify the events that took place, as it can often be the case that drivers give contradictory statements that result in insurance companies denying or refusing liability.

Other types of evidence your lawyer may use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other evidence that demonstrates the severity of your injuries. You should seek these records as soon as possible and be sure to send copies to your medical professionals.

Depositions are another form of evidence your lawyer could use. This is an out-of court testimony given under oath, and then recorded by a Court Reporter. The lawyer can make use of this testimony to prove your injuries had an immediate, obvious connection to the accident. This can be used to justify the need for compensation. The majority of the evidence listed above can be obtained at the scene of the accident or within a short time however, some might not be available until later in the litigation. This is why it's important to speak with a well-credentialed lawyer for car accidents as soon as you can, so they can begin the investigation while vital evidence is still in its most pure form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from a professional. An attorney for car accidents can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is to file 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 complaint is typically written by your lawyer and filed with the court, and then served to the defendant.

This also triggers the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a considerable time and both teams will need to review a lot of documents including police reports and witness statements. They might also need to look at medical records, bills, and other documents. Each side may request interrogatories. These are a series questions that the other side must answer under oath in a specified time frame.

In this phase, your lawyer will also work closely with medical professionals to obtain the full picture of your injuries and the impact they've had on your life. Your attorney will calculate the total damages you have suffered that include future and past medical expenses, lost earnings, suffering and pain and much more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at the fault. It is likely to occur following the conclusion of discovery and before trial. However, if the insurance company is unable to settle the claim in a fair manner or if you've sustained significant damages that are not covered by the insurance policy, your case may move forward to trial. A jury or judge will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. It is the point at which your attorney and the negligent insurance company of the driver share information that could either support or undermine your claim. Your attorney will request copies of the documents that support your case, such as medical bills, police reports, work loss records (e.g. documents from your employer that outlines how long you missed work because of the accident), photographs of your car and any damages or injuries, and other relevant financial information. Your attorney will also make use of written discovery tools such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties who are not in the case.

These tools for discovery in writing are circulated back and forth between the attorneys of both sides. They give the opposing side an opportunity to reply to questions in writing, that must be answered under oath, and to supply copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision, as well as anyone with information on your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your answers will be recorded on video by a court reporter or transcribed.

These pre-trial investigation procedures are designed to assist your lawyer develop a convincing case against the responsible party and their insurer in order to negotiate a fair settlement for all of your damages, expenses and losses. While there is no guarantee that every case will settle however, the majority of cases settle either during or after the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

Trials are possible where you and the insurance provider disagree on the source of your fault or the amount you should receive for your injuries. A trial is a formal process where both parties are required to argue and present evidence to the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence including photos or videos of the scene as well as testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify regarding your memory of the incident and how it impacted your life. Expert witnesses can also testify to support your claims. The defendant's lawyer can cross-examine witnesses and object to admissibility of some evidence.

At trial, jurors must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers spend many hours studying during law school. Proximate cause considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is a more complicated matter depending on how severe your injuries are and the severity of your losses. Your lawyer will present evidence which includes expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well your pain and suffering as well as impairment.

5. Settlement

Each state has a specific deadline to resolve your claim or file an action. This is known as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might require filing a car boynton beach accident attorney lawsuit in the court. It can be costly and time-consuming, however it is often necessary to get compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with one another). Your attorney will also prepare legal documents, also known as motions, asking the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are settled prior to a trial.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and you'll be willing to go to trial. In addition the settlement process is more efficient and less risky than a trial.

It is vital to fully comprehend your injuries prior Wilmington accident law firm to an agreement. It is also important to have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has concluded that you have reached the point of maximum improvement. Also, you should not sign an agreement until you have talked to your lawyer and gained an accurate understanding of your losses. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will review your medical records and other documentation, to ensure that you are entitled to all damages for which you qualify.