The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you require for your injuries, our determined lawyers will draft an official demand letter. This will outline all the economic losses you have suffered such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

A judge or jury will then come to a decision. If they rule to your advantage, you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is essential to receive compensation for your injuries and losses. Gathering evidence is among the first steps of the litigation process. it involves collecting documents, photographs, witness testimony and official reports such as police reports.

Photographs of the scene of the accident might aid your lawyer in determining what happened during the crash, including the position of both cars following the collision, skid marks, road debris and other physical evidence. Also, note the names and contact numbers of any eyewitnesses who witnessed what occurred. It is crucial to have witnesses confirm the events took place, since it can often be the case that drivers provide contradictory statements that result in insurance companies refusing to accept or deny responsibility.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. They could include bills, receipts, lab results, diagnosis reports, discharge instructions, and other forms of documentation. You should get these documents as soon as you can and send copies to your healthcare professionals.

A deposition is yet another type of evidence your lawyer might utilize. This is an out-of court testimony under oath, and then translated by a court reporter. Your lawyer could make use of this testimony to prove your injuries have an obvious, predicable connection to the accident. This is a good argument to support seeking compensation. The majority of the evidence mentioned above is available at the scene of the accident or shortly afterwards but some of it may not be available until later in the legal process. It is crucial to contact an attorney in the case of a car crash with the right credentials as soon as you can so they can begin an inquiry as evidence is 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 who has handled car accidents will be able to provide the expert advice you require to ensure you receive the maximum compensation for your claim.

The first step is filing an application with the court. It will describe your specific claims as well as the amount you'd like to recover in damages. This form is usually prepared by an attorney and filed in the court. It will also be served on the defendant.

The discovery phase starts and allows both parties to exchange information regarding their defenses and claims. The process can take a considerable time and both teams will have to look over a variety of documents, including police records and witness statements. They may also have to examine medical records and bills as well as other documents. Each side can request interrogatories, which are a set of questions the other party must answer under oath within a set timeframe.

During this stage, you lawyer will also work closely with medical professionals to obtain the full picture of your injuries as well as the impact that they've had on your life. Your lawyer will determine the total damages. This will include any future medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer could be able to reach an agreement with the responsible driver's insurance company. This will most likely occur following the conclusion of the discovery process and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you have incurred significant losses that aren't covered by the insurance policy, your 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 important phase in any car accident case. This is when your attorney and negligent insurer of the driver exchange information that could help or damage your claim. Your attorney will ask for copies of documents to support your claim. This includes police reports medical bills, work loss documents from your employer (showing the length of time you missed due to the accident) photos of your vehicle damaged or injured and financial information. Your attorney will also use written discovery tools, such as interrogatories and requests for production, as well as request for admissions to question witnesses and other parties that are not part of the case.

These tools for discovery are shared between attorneys on both sides. They give the opposing party the chance to respond to questions in writing, which need to be sworn to under oath, and to provide copies of certain documents or other information which could be beneficial to your case.

Your Long Island car accident lawyer will also be able to depose witnesses to the Sturtevant Accident Law Firm and anyone with information regarding your injuries or damages that could be important to your case. In a deposition, the lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video or translated by a court reporter.

The purpose of these pretrial investigation processes is to allow your lawyer to build an argument that is convincing and persuasive against the at-fault party as well as their insurer, so that you are able to secure a full and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case, but the majority of cases do so during or after the investigation process, which is typically completed prior to the trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations however, if you and your insurance company do not agree on who is at fault or how much compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder, who renders a verdict that settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will be able to provide your version of the events in your opening statements to the jury, and any supporting evidence you may have, such as images or videos of the grafton accident lawsuit scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You can also offer testimony regarding your memory of the incident and how it changed your life. Expert witnesses will also provide evidence to back up your assertions. The lawyer representing the defendant can cross-examine witnesses and challenge to admissibility of some evidence.

The jury will determine at trial if the plaintiff's injury was 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 must also determine how much damages you should receive. It's also a complicated issue because it depends on the severity of your injuries and the degree to which you've suffered. Your attorney will present evidence including expert testimony about the severity of injuries, lost income and future earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Each state has a deadline by which you can settle your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer is not able to negotiate a settlement with the insurer, you may have to make a court filing. It is costly and time-consuming, however it is often required to seek compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and also attend hearings. Your lawyer will also submit legal documents, referred to as motions, requesting the court to do things like excluding certain types of evidence from trial. Settlement negotiations may continue throughout the process, and many car accident civil disputes end before a trial needs to be held.

If they believe that your claim is valid and you are willing to go to trial Insurance companies will offer a fair settlement offer. The settlement process is also more efficient and less risky than a court trial.

It is vital to understand your injuries prior to a settlement. You should also have completed all medical treatments. If you accept a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) and you are not able to be denied additional compensation. Also, you should not sign a release until you've had a conversation with your lawyer and received an accurate understanding of your damages. Your lawyer will make sure that you do not miss out on valuable compensation. They will carefully review your medical records as well as other documents to make sure that you receive the total amount of damages to which you are entitled.