The First Steps in Car Accident Litigation
If the insurance company refuses to provide the amount you require for your injuries, our tenacious lawyers will draft an official demand letter. This will outline all your financial damages including medical expenses and lost wages, and other damages that are not economic, like suffering and pain.
A judge or jury will then make a ruling. If they decide in your favor they will give you damages and the defendant has to pay them.
1. Gathering Evidence
In a lawsuit involving an accident in a car, proving negligence is vital to receiving compensation for your injuries. Collecting evidence is one the first steps of the litigation process. it requires gathering documents including photographs, witness statements and official reports, such as police reports.
Your lawyer may be able to establish what happened during the incident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed the events. Witnesses who testify that confirm your version of what happened is crucial, especially since it can be common for drivers to have conflicting versions of what transpired, which results in insurance companies refusing to accept the claim, or even deny any responsibility at all.
Medical records can also be used by your lawyer in order to prove the extent of your injury. They could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other documentation. It is essential to get these records as soon as you can and send copies to your medical professionals.
A deposition is yet another type of evidence your lawyer might make use of. It's an out-of court testimony under oath, and then recorded by a Court Reporter. Your lawyer can use this evidence to prove your injuries were an immediate, obvious connection to the accident. This can be used to justify seeking compensation. While the majority of these types of evidence can be gathered at the accident scene or shortly afterward however, some evidence may not be available until later in the litigation process. It is essential to contact a car
accident lawyer with the right credentials as soon as you can so that they can begin an inquiry while the evidence is in its most pure form.
2. How to file a complaint
After the dust has settled and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. An attorney for car
accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim.
The first step is to file a complaint in court, which details the specific claims you are making and how much money you're seeking in damages. This form is usually prepared by an attorney and filed in court. It will also be served to the defendant.
The discovery phase starts by allowing both parties to share information regarding their defenses and claims. The process can take a long duration and both teams will have to look over a variety of documents like police reports and witness statements. They might also have to examine medical documents or bills, as well as other documents. Each side can request interrogatories, which are a series of questions that each party must answer under oath within a specified time frame.
During this stage, you lawyer will also work closely with your doctor to get an accurate picture of your injuries and the impact they've affected your life. Your lawyer will calculate the total damages. This includes future and past medical expenses and lost wages, as well as the pain and suffering of others, and
accidents many more.
Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is likely to be the case following the completion of discovery and before trial. If the insurance company refuses to provide a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, the case may go to trial. A judge or jury will decide the case based on the weight of all evidence.
3. Discovery
Discovery is an important phase in any car accident case. It is the point at which 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 that support your case, such as police reports, medical bills as well as work loss records (e.g. an email from your employer showing the amount of time you were absent from work because of the accident) photos of your car and any injuries or damage or other pertinent financial information. Your attorney may also employ written discovery tools, such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties that aren't present in the case.
These written discovery tools are circulated back and forth between the attorneys from both sides. They provide the opposing party a chance to respond to questions in writing, that must be sworn to under oath, and to provide copies of certain documents or other information that could be helpful to your case.
Your Long Island
accident car accident attorney will also interview witnesses and anyone who has information about the damages or injuries you sustained that could be essential to your case. During a deposition, the lawyer for the person who is at fault will ask you a series of questions, and your answers will be recorded on video or transcribing by a court reporter.
The purpose of these pretrial investigation processes is to enable your lawyer to construct an effective and convincing argument against the at-fault party as well as their insurance company so that you can receive an adequate and fair settlement for your injuries, losses and expenses. Although there is no assurance that all cases will settle however, the majority settles during or after the discovery process, which can often be completed before your trial.
4. Trial
The majority of car accident cases settle through out-of-court negotiations, if you and the insurance company disagree about fault or how much compensation you should receive for your injuries, the case may be heard in a 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 a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.
Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene, testimony from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony about your memories of the incident and how it affected your life. Expert witnesses can also give evidence to back up your assertions. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility of evidence.
The jury will determine at trial whether the plaintiff's harm was caused by the defendant's negligent conduct. They will examine the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff's injuries.
A jury also has to decide the amount of damages you are entitled to. This is a complicated issue depending on how severe your injuries are and the severity of your losses. Your lawyer will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, your loss of income, as well as future earnings potential and your suffering and pain, disfigurement, and impairment.
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