The First Steps in Car lodi accident attorney (
Vimeo.com) Litigation
Our firm of tenacious lawyers will draft an official letter of demand if the insurance company is unable to pay the amount you need for your injuries. This will include all of your financial losses including medical expenses and lost wages, and non-economic damages like pain and suffering.
A jury or judge will then take a call. If they decide in your favor they will be able to award you damages, and the defendant has to pay them.
1. Gathering Evidence
In a lawsuit involving an accident in the car, proving negligence is vital to obtaining compensation for your injuries. Collecting evidence is one the first steps in the litigation process, and it requires gathering documents, photographs, witness testimony as well as official reports like police reports.
Your lawyer may be able to determine what transpired in the incident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Also, note the names and contact numbers of any witnesses who witnessed what occurred. Witnesses who testify that confirm your version of what happened is crucial especially as it can be common for drivers to have contradictory reports of what happened, which leads to insurance companies refusing to accept the claim or deny responsibility completely.
Medical records can also be used by your lawyer to demonstrate the extent of your injury. These documents could include bills, receipts as well as lab results, diagnosis reports, discharge instructions and other documentation. You should obtain these records as quickly as you can, and also provide copies to your healthcare providers.
A deposition is yet another type of evidence your lawyer can employ. It is an out-of the court testimony that is under oath, which is then transcribed by a Court Reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and obvious connection to the crash and can be used to justify compensation for your damages. Most of the evidence discussed above can be collected at the site of the accident or within a short time however, some might not be available until later in the legal process. This is why it's vital to consult a highly-credentialed lawyer in the event of a car accident as soon as possible, so that they can begin investigating while the crucial evidence is in its purest form.
2. The process of filing a complaint
Once the dust has sunk and
university place accident lawsuit you've treated your injuries, it's time to seek expert legal advice. A lawyer for car accidents can provide the expertise needed to ensure you receive the maximum compensation for your claim.
The first step is to file a complaint with the court. This will outline your specific claims as well as the amount of money you'd like to recover in damages. The document is usually drafted by your lawyer and filed with the court and served on the defendant.
It also kicks off the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and both teams may have to look over a variety of documents, including police reports and witness statements. They may also have to look at medical records, bills, and other documents. Each side may request interrogatories. They are a set of questions which the other side has to answer under oath within the specified timeframe.
Throughout this process your lawyer will work with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they have affected your daily routine. Your lawyer will estimate the total damages. This includes future and past medical expenses as well as lost wages, suffering and pain and suffering, and more.
Your lawyer could be able to reach a settlement deal with the insurance company of the driver who is at fault. This is most likely to occur after the completion of discovery, but before trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've incurred substantial damages that aren't covered by the insurance policy, the case could be referred to trial. A judge or jury will decide the case on the basis of all evidence.
3. Discovery
Discovery is an essential step in any car
troy accident law firm case. This is when your attorney and the negligent insurance company of the driver exchange information that could help or damage your claim. Your attorney will request copies of the documents that support your case, including medical bills, police reports as well as work loss records (e.g. documents from your employer indicating how much time you missed work because of the
lafayette accident lawyer) photos of your vehicle as well as any damages or injuries or other pertinent financial information. Your attorney will also use documents for discovery in writing, such as interrogatories and requests for production, as well as requests for admissions to interview witnesses and parties who aren't present in the case.
These tools for discovery are exchanged between attorneys from both sides. They provide the opposing party the opportunity to answer questions in writing, which need to be sworn to under oath, and to supply copies of certain documents or other data 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 at-fault party's lawyer will ask you various questions, and your responses will be recorded on video, or transcribed by a court reporter.
These pre-trial investigation procedures are designed to assist your lawyer construct a compelling case against the at-fault person and their insurer to get a fair settlement for all your injuries or losses, as well as expenses. Although there is no guarantee that all cases will settle but the majority settle either during or after the discovery process, which can often be completed prior to the time your case goes to trial.
4. Trial
Although the majority of car accidents settle through out-of-court negotiations, 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 go to trial. A trial is an official proceeding in which both parties present arguments and evidence before a factfinder who will make an decision on how to resolve the dispute. In personal injury cases the factfinder is typically a jury.
Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence, such as photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, and documents such as police reports and bills. You can also testify regarding your memory of the incident, and how it affected your life. Expert witnesses will also provide testimony to support your assertions. The lawyer for the defendant can interrogate witnesses and object to the admissibility or validity of certain evidence.
At trial, the jury has to decide whether the plaintiff's injuries were the result of the defendant's negligence. They will examine the proximate causes, which is a complicated legal concept that law students have to spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.
A jury is also required to determine how much damages you should receive. It is also a complicated issue due to the severity of your injuries as well as the extent to which you've suffered.