The First Steps in Car Accident Litigation
Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to pay the amount you need for your injuries. It will detail all your financial losses including medical expenses and lost wages, and non-economic damages, like suffering and pain.
Then a jury or judge will then make a decision. If they come to a decision to your advantage you will be awarded damages. In addition, the defendant must pay them.
1. Gathering Evidence
In a lawsuit for a car accident, proving negligence and liability is key to obtaining compensation for your injuries and losses. 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.
Your attorney may be able to determine what transpired in the incident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Note down the names and phone numbers of any witnesses who were present to witness what happened. Witnesses that testify to support your version of the events is essential as it could be common for drivers to have contradictory stories of what happened. This can lead to insurance companies refusing to accept the claim or denying responsibility completely.
Medical records can also be utilized by your lawyer in order to prove the extent of your injury. These documents may include bills, receipts laboratory results, diagnosis reports, discharge instructions and other records. You should get these records as soon as you can and send copies to your medical professionals.
Another form of evidence that your attorney might utilize is a deposition, which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer may make use of this testimony to prove your injuries were an obvious, predicable connection to the gunnison accident lawsuit. This will help justify requesting compensation. The majority of the evidence listed above can be obtained at the scene of the accident or within a short time but some of it may not be available until later in the legal process. It's important to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can so they can begin an inquiry while the evidence is in its most pure form.
2. Making a Complaint
After the dust has cleared and you've taken care of your injuries, you need to seek legal advice from a professional. A lawyer from a car vancouver accident law firm can provide you with the expertise to maximize your compensation.
The first step is to file a complaint with the court. This document will outline your specific claims and the amount you'd like to recover in damages. This document is usually drafted by an attorney and filed in the court. It will also be served to the defendant.
The discovery phase begins with both parties able to share information about their defenses and claims. The process can take a long duration and both teams will be required to examine a large number of documents, including police records and witness statements. They might also have to review medical records or bills, as well as other documents. Each side can request interrogatories. These are a series questions that the other side must answer under oath in a specified time frame.
Throughout this process your lawyer will work with doctors to ensure they have a complete understanding of the extent of your injuries and the impact they have had on your daily life. Your lawyer will estimate your total damages. This will include past and upcoming medical expenses including lost wages, pain and suffering and more.
Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. This is more likely following discovery and prior to trial. If the insurance company refuses an equitable settlement, or if your damages are important and not covered by insurance, you may need to go to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented.
3. Discovery
Discovery is a crucial phase in any lawsuit involving a car accident the attorney representing you and the negligent driver's insurance company exchange information that could aid or Gloversville accident attorney hinder your claim. Your attorney will request copies of the documents to support your case. This includes police reports as well as medical bills and work loss records from your employer (showing how much time you were absent due to the accident) photos of your vehicle, any injuries or damages as well as other financial data. Your attorney will also make use of written discovery tools, such as interrogatories and requests for production, as well as request for admissions to question witnesses and other parties who are not present in the case.
These written discovery tools are shared between attorneys on both sides. The written discovery tools give the opposing side an opportunity to answer questions in writing which must be answered under oath and to provide copies or other information that may be useful to you.
Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision and also anyone with information on your injuries or damage that could be crucial to your case. During a deposition the lawyer representing the party at fault will ask you questions and your answers will be recorded on video by a court reporter or transcribed.
These pretrial investigation procedures are designed to assist your lawyer create a compelling case against the responsible party and their insurer to get a fair settlement for all your injuries or losses, as well as expenses. Although there is no assurance that all cases will settle but the majority settle during or after the discovery process, which is often be completed before the case goes to trial.
4. Trial
Trials are possible where you and the insurance company disagree on the source of your fault or the amount of compensation you should be awarded for your injuries. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder, who makes a decision which settles the dispute. In personal injury cases the factfinder will usually be a jury.
Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence including photos or videos of the scene of the sausalito Accident lawyer as well as testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify about your personal memories of the incident, and how it affected your life. Expert witnesses can also testify to back your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.
The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligent conduct. They will be looking at proximate causes, a complex legal concept that law students spend hours studying. Proximate cause examines how close the connection is between the actions of the defendant and the plaintiff's injuries.
A jury must also decide how much compensation you should receive. It's also a complicated matter because it is based on the severity of your injuries and the extent to which you have suffered. Your attorney will provide evidence including expert testimony about the severity of injuries loss of income, future earning potential, in addition to your pain and suffering and impairment.
5. Settlement
Every state has a legal deadline, commonly referred to as the statute of limitations that you must meet to settle your claim or file a lawsuit. If your lawyer is unable to negotiate a settlement with your insurance company, you may be required to make a court filing. It is costly and time-consuming, but this is often necessary to seek compensation.
During this process the Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents, referred to as motions to request the court for things like not allowing certain types of evidence at trial. Settlement negotiations can continue throughout the entire process, and a lot of civil disputes arising out of car accidents will end before a trial can be held.
If they feel that your injury claim is solid and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlements are more efficient and less risky than a court trial.
Before agreeing to an agreement, it is essential to be aware of the extent of your injuries and have completed all medical treatments. You may not receive additional compensation if you agree to the settlement until your physician has determined that you have reached the maximum level of improvement in your medical condition. You should also not sign a release before you have spoken to your lawyer regarding your damages. Your lawyer will ensure you do not get a poor deal on compensation. They will look over your medical records as well as other documentation, to ensure that you receive all compensation you're entitled to.