The 12 Worst Types Of Users You Follow On Twitter

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if the insurance company refuses to pay the amount you require for your injuries. This will include all of your financial losses such as medical bills and lost wages, and non-economic damages, such as 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 must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports including police reports and other official reports.

Photographs of the scene of the accident lawyers can assist your attorney in determining what actually happened in the crash, including the position of both cars following the collision, skid marks, road debris and other physical evidence. Take down the names and contact information of any eyewitnesses that witnessed what transpired. Witnesses who testify that confirm your account of events is important especially as it can be common for drivers to give contradicting stories of what happened. This causes insurance companies to refuse to accept the claim, or even deny responsibility altogether.

Other evidence that your lawyer may use include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge guidelines, and other evidence that proves the extent of your injuries. You should obtain these records as soon as you can and be sure to give copies to your healthcare providers.

A deposition is yet another type of evidence your lawyer may employ. It's an out-of court testimony under oath, and then transcribing by a Court Reporter. Your lawyer can use this testimony to establish your injuries were a clear, identifiable connection to the accident. This will help justify requesting compensation. Most of the evidence discussed above can be collected at the site of the crash or shortly after but some of it may not be available until much later in the litigation. It is essential to contact a lawyer for car accidents with the right credentials immediately so that they can begin an investigation when the evidence is in its purest form.

2. Filing a Complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek professional legal advice. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which lists the specific claims you are making and the amount of money you're seeking in damages. This document is typically drafted by your attorney and filed with the court, and then served to the defendant.

The discovery phase starts with both parties able to share information regarding their defenses and claims. The process can take a long time and requires both teams to look over a number of documents, including police reports as well as witness statements and medical records, as well as bills and much more. Each side may require interrogatories. These are a series of questions that each party must answer under oath within a set date.

In this phase, your lawyer will also collaborate with your doctor to get the full picture of your injuries and the impact they've had on your life. Your lawyer will determine the total damages. This will include future and past medical expenses including lost wages, pain and suffering and more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at the fault. This is more likely to occur following discovery and prior to trial. However, if the insurance company is unable to offer a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, your case could go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company exchange information that could support or damage your claim. Your attorney will ask for copies of documents to prove your case. These documents include police reports as well as medical bills and work loss records from your employer (showing how much time you've missed because of the accident) photos of your vehicle as well as any injuries or damages, and other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to question parties and witnesses who are not present.

These written discovery tools are exchanged back and forth between the attorneys for both sides. The tools for writing discovery give the opposing side a chance to respond to questions in writing that must be answered under oath. It also allows you to provide copies or other information that may be helpful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision, as well as anyone with information on your injuries or damages that could be pertinent to your case. In a deposition, the lawyer of the at-fault person will ask you questions, and your answers are recorded on video by the court reporter or translated.

These pretrial investigation procedures are designed to assist your lawyer construct a compelling case against the responsible party and their insurance company in order to negotiate an equitable settlement for all of your damages or losses, as well as expenses. While there is no assurance that all cases will settle, the majority do in the course of or following the discovery process, which can be completed before the case reaches trial.

4. Trial

The majority of car accident cases are resolved through informal negotiations, if you and the insurance company disagree about fault or the amount you are entitled to for accident lawsuit your injuries, the case may go to trial. A trial is a formal process where both parties are required to argue and present evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually 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, 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 give your testimony regarding your recollection of the incident and how it changed your life. Expert witnesses can also testify to support your claims. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injuries was the result of the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers have to spend many hours studying in law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It is also a complicated matter because it is based on the severity of your injuries as well as the amount to which you've suffered. Your lawyer will present your evidence including expert witness testimony on the severity of your injuries, your loss of income, as well as future earnings potential, as well as your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could have to file a car accident lawsuit in court. It can be time-consuming and costly, however it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and will attend hearings. Your lawyer will also submit legal documents, referred to as motions, asking the court to take actions like excluding certain types of evidence from trial. Settlement negotiations may continue throughout the entire process, and a lot of civil disputes arising from car accidents end before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you'll be willing to go to trial. Settlement is quicker and less risky than a court trial.

It is crucial to fully understand your injuries prior to an agreement. You should also have completed all medical treatment. You could lose out on additional compensation if you agree to the settlement before your doctor has determined that you have reached the maximum level of improvement in your medical condition. Also, you should not sign a release until you have spoken with your lawyer about your damages. Your lawyer will make sure that you do not get a poor deal on compensation. They will scrutinize your medical records as well as other documents, to ensure that you receive all damages that you are entitled to.