The First Steps in Car Accident Litigation
If the insurance company is refusing to pay the amount of money you require for your injuries, our persistent attorneys will prepare an official demand letter. This will include all of your financial losses such as medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.
Then, a judge or jury will then make a decision. If they rule in your favor, they will award you damages and the defendant is required to pay them.
1. Gathering Evidence
In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The gathering of evidence is one of the initial steps in the process of litigation, and it requires gathering documents, photographs, witness testimony, and official reports like police reports.
Your attorney may be able to establish what transpired in the accident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Record the names and phone numbers of any witnesses who were present to witness the events. It is crucial to have witnesses who can confirm the events that were actually happening, as it may often happen that drivers provide contradictory accounts that lead to insurance companies refusing to accept or deny the liability.
Other forms of evidence your lawyer could utilize include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as soon as you can, and also provide copies to your healthcare providers.
A deposition is another form of evidence your lawyer can utilize. It's an out-of court statement made under oath and later transcribed by a Court Reporter. Your lawyer can use the testimony to prove that your injuries had an immediate and obvious connection to the accident and can be used to justify compensation for your injuries. Most of the evidence mentioned above can be obtained at the scene of the accident or shortly afterwards however, some might not be available until later in the legal process. It's important to contact a car
gridley accident law firm lawyer with the right credentials immediately so they can begin an inquiry while the evidence is in its most pure form.
2. The process of filing a complaint
After the dust has settled and you've taken care of your injuries, you need to seek legal advice from a professional. An attorney who has handled car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.
The first step is to file a complaint with court, which lists the specific claims you're bringing and how much money you are seeking in damages. This form is usually prepared by an attorney and filed in court. It will also be served on the defendant.
The discovery phase starts and allows both parties to share information regarding their claims and defenses. The process can take a long duration and both teams will be required to examine a large number of documents like police reports and witness statements. They might also have to look at medical documents, bills, and other documents. Both sides can request interrogatories. These are a series questions which the other side has to answer under oath within an agreed upon timeframe.
In this stage your lawyer will collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries and the impact they've had on your daily life. Your lawyer will estimate your total damages. This will include past and upcoming medical expenses and lost wages, as well as suffering and pain, and much more.
Your lawyer may be able reach a settlement deal with the insurance company of the driver at fault. This is more likely to occur after discovery and prior to trial. If the insurance company refuses to provide a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A jury or judge will decide the case on the basis of all evidence.
3. Discovery
Discovery is an essential step in any car accident case. This is when your attorney and the negligent insurer for the driver exchange information that could help or derail your claim. Your attorney will request documents that can support your case, such as medical bills, police reports and work loss records (e.g. documents from your employer which reveals how much time you missed work because of the accident) photographs of your vehicle as well as any injuries or damage and other financial information. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to inquire about witnesses and parties who are not present.
These tools for discovery in writing are distributed back and forth between the attorneys for both sides. They give the opposing party an opportunity to reply to questions in writing, which must be sworn to in oath and to supply copies of certain documents or other information which could be beneficial to your case.
Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident, as well as any person who has information about your injuries or damage that could be crucial to your case. During a deposition, the attorney representing the at-fault party will ask you several questions, and your responses will be recorded on video, or transcribed by a court reporter.
These pre-trial investigation procedures are designed to help your lawyer develop a convincing case against the person who is at fault and their insurer in order to negotiate an equitable settlement for all of your injuries and losses, costs and expenses. There is no assurance of a settlement in each case but most occur during or after the investigation process, which is usually completed before the trial.
4. Trial
Trials are a possibility in situations when you and the insurance company are not in agreement about who is at fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder who makes a ruling that settles the issue. In personal injury cases, the factfinder is usually a jury.
During the trial, your lawyer will provide your version of the events in your opening statements to the jury along with any supporting evidence you have, including images or videos of the
piedmont accident attorney scene, testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You can also provide testimony regarding your memory of the incident and how it changed your life. Expert witnesses can also give evidence to support your claims. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of specific evidence.
The jury will decide at trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will look at proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff’s injuries.
A jury must also determine the amount of damages you will be awarded. It's also a complicated issue due to the extent of your injuries and the degree to which you've suffered. Your lawyer will present evidence that includes expert testimony from a witness regarding the severity of your injuries, your loss of income, as well as future earnings potential as well as your suffering and pain, disfigurement, and impairment.
5. Settlement
Each state has a specific deadline within which you can settle your claim or bring a lawsuit. This is referred to as the statute of limitations. If your lawyer can't come to a deal with the insurer, you could be required to start a lawsuit in the courtroom. It can be costly and time-consuming, but it is often necessary to seek compensation.
During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where each side exchanges information with one another). Your lawyer will also file legal documents, referred to as motions to ask the court for things like excluding certain types of evidence during trial. Settlement negotiations can be ongoing throughout this process, and many civil disputes in car accidents settle before a trial has to be held.
If they believe that your claim is solid and that you are willing to go to trial the insurance company will offer a fair settlement offer. Settlements are quicker and less risky than the court trial.
It is vital to fully understand your injuries prior to a settlement. You must also have completed all medical treatment. If you settle before your doctor has determined you have reached the maximum medical improvement (MMI) then you could not receive additional compensation. It is also important not to sign a contract before you have spoken with your lawyer about your injuries. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records, and other documentation to ensure that you are entitled to all the damages for which you qualify.
