The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter if the insurance company is unable to pay the amount you're entitled to for your injuries. This will outline all your financial losses like medical bills and lost wages, accident lawyer and non-economic damages, such as suffering and pain.

A jury or judge will then take a call. If they decide to your advantage you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car it is essential to prove negligence to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the los gatos accident attorney could aid your lawyer in determining what actually transpired in the collision, including the location of both vehicles after impact, skid marks, road debris and other evidence that is physical. Also, keep track of the names and phone numbers of any eyewitnesses who saw what occurred. It is crucial that witnesses corroborate the events that were actually happening, as it may often be the case that drivers offer contradictory accounts that lead to insurance companies denying or refusing liability.

Medical records can also be utilized by your lawyer to prove the extent of your injury. These records could include receipts, bills and lab results, diagnose reports, discharge instructions and other documentation. You should get these records as soon as possible and provide copies to your healthcare professionals.

Depositions are another form of evidence that your attorney can make use of. It is a non-in court testimony under oath, and then transcribing by a Court Reporter. Your lawyer could use this evidence to prove your injuries were a direct, foreseeable link to the accident. This can be used to justify seeking compensation. While the majority of these kinds of evidence can be collected at the scene of the accident or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. This is why it's important to speak with a well-credentialed car accident lawyer as soon as you can so that they can begin investigating while vital evidence is still in its most pure form.

2. Filing a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek expert legal advice. A car accident lawyer can give you the experience to maximize your compensation.

The first step is to file an application with the court. The complaint will detail your specific claims and the amount you'd like to recover in damages. The complaint is typically written by your attorney and filed with the court and served to the defendant.

This also triggers the discovery phase which allows both sides to exchange information and evidence related to their claims and defenses. The process can take a considerable duration and both teams will have to look over a variety of documents like police reports and witness statements. They might also have to look at medical documents and bills as well as other documents. Both sides can request interrogatories. They are a set of questions which the other side has to answer under oath within the timeframe specified.

Throughout this process the lawyer will work with doctors to ensure that they have a complete picture of the severity of your injuries as well as the impact they've had on your daily life. Your lawyer will calculate your total damages. This includes future and past medical expenses including lost wages, pain and suffering and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at the fault. It is likely to take place after the completion of discovery and prior to trial. However, if the insurance company refuses to provide a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A jury or judge will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is when your attorney and negligent insurance company of the driver exchange information that could help or damage your claim. Your attorney will seek copies of all documents to support your claim. These documents include police reports as well as medical bills and work loss documents from your employer (showing the length of time you were absent due to the accident) photos of your vehicle damaged or injured and other financial details. Your lawyer will also make use of documents for discovery in writing, such as interrogatories, requests for production and requests for admissions to interview witnesses and parties who are not part of the case.

These written discovery tools are distributed back and forth between attorneys on both sides. The written discovery tools give the opposing party a chance to answer questions in writing that must be answered under oath and to provide copies of other information that may be useful to you.

Your Long Island car accident lawyer will also depose witnesses to the collision and also anyone with information regarding your injuries or damage that could be crucial 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.

The purpose of these pre-trial investigation procedures is to enable your lawyer to present an argument that is persuasive and strong against the at-fault party as well as their insurance company so that you can get a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case but most will settle during or following the investigation process, which is often completed prior to the trial.

4. Trial

Trials can be arranged in situations where you and the insurance provider disagree regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is a formal proceeding where both parties are required to 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 usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it including photos or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, and documents such as police reports and bills. You can also offer testimony regarding your memory of the incident and how it has changed your life. Expert witnesses can also give testimony to support your assertions. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of evidence.

The jury will determine at trial whether the plaintiff's injury was caused by the defendant's negligent conduct. They will be examining proximate causes an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause looks at the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to decide how much compensation you're entitled to. This is a complicated issue depending on the severity of your injuries and the extent of your losses. Your attorney will present your evidence, including expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential, as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline to settle your claim, or even file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, then you might require filing a car accident lawsuit in court. It can be time-consuming and costly, however it is often necessary to pursue compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and also attend hearings. Your attorney will also submit legal documents, referred to as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can be ongoing throughout the entire process, and a lot of civil disputes arising out of car accidents will end before a trial has to be held.

If they feel that your injury claim is legitimate and you are willing to go to trial insurance companies will make an appropriate settlement offer. In addition, the settlement process is quicker and less risky than a trial.

Before agreeing to the settlement, it's important that you fully understand the extent of your injuries. You must also have completed all medical treatment. If you settle before your doctor determines that you have reached maximum medical improvement (MMI) then you could not be eligible for additional compensation. Don't sign a release until you have had a conversation with your lawyer and have full understanding of your damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will review your medical records, and other documentation, to ensure that you are entitled to all the compensation you're entitled to.