The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you require for your injuries, our determined attorneys will prepare an official demand letter. It will detail all your financial losses such as medical bills and lost wages, and non-economic damages, like suffering and pain.

Then the judge or jury will make a decision. If they rule in your favor, you will be awarded damages, and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, accident official reports like police reports, and other official reports.

Photographs of the scene of the accident could assist your attorney in determining what actually transpired in the accident, including the position of both cars after impact, skid marks road debris, and other physical evidence. Note down the names and contact numbers of any witnesses who were present to witness what happened. It is essential that witnesses to verify the events that took place, as it can often happen that drivers will give contradictory statements that result in insurance companies refusing or denying responsibility.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. These records could include receipts, bills laboratory results, diagnosis reports, discharge instructions, and other documents. It is important to obtain these documents as soon as you can and ensure that you send copies to your healthcare providers.

Another form of evidence that your attorney might use is a deposition, which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer can use the testimony to establish that your injuries had an immediate and obvious connection to the accident and can be used to justify the compensation you deserve for your damages. Although the majority of the above types of evidence can be gathered at the accident scene or shortly afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as you can, so they can begin an investigation when the evidence is in its most pure form.

2. How to file a complaint

After the dust has settled and you've taken care of your injuries, it's the time to seek legal advice from a professional. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file an application with the court. This document will outline your specific claims as well as the amount of money you'd like to claim in damages. The document is usually drafted by your lawyer and filed with the court, and then served to the defendant.

This also triggers the discovery phase which allows both sides to exchange information and evidence related to their defenses and claims. The process can be very long and requires both parties to review many documents, including police reports as well as witness statements, medical records, bills and more. Each side may request interrogatories. These are a series questions that the other side has to answer under oath within the specified timeframe.

Throughout this process, your lawyer will also collaborate with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they have affected your daily routine. Your lawyer will determine the total damages. This includes future and past medical expenses, lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer could 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 doesn't agree to an equitable settlement, or if your damages are substantial and not covered by insurance, then you might need to go to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident law firm lawsuit, where your attorney and the insurance company exchange information that may assist or derail your claim. Your attorney will ask for copies of the documents supporting your case, including medical bills, police reports as well as work loss records (e.g. documents from your employer showing how long you missed work due to the chippewa falls accident law firm) photographs of your vehicle and any injuries or damages and other financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and accident requests for production to question parties and witnesses who are not present.

These documents are shared between attorneys on both sides. The written discovery tools give the opposing side an opportunity to respond to questions in writing that need to be answered under oath and to provide copies or other information that could be helpful to you.

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

These pretrial investigation procedures are designed to help your lawyer create a compelling case against the responsible party and their insurance company in order to secure a fair settlement for all of your injuries and losses, costs and expenses. While there is no guarantee that all cases settle however, the majority settles either during or after the discovery process, which can often be completed before the trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court, if you and the insurance company aren't in agreement on the cause or how much compensation you should receive for your injuries, your case could go to trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder, who renders a verdict that resolves the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in your opening statements to the jury together with any evidence you have, such as pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as medical bills and police reports. You may also testify on your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer representing the defendant can interrogate witnesses and object to the admissibility of evidence.

At trial, the jury must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will examine proximate cause which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. It's also a complex issue due to the degree of your injuries and the extent to which you have suffered. Your lawyer will present evidence, including expert witness testimony regarding the severity of your injuries, your loss of income, and your future earnings potential in addition to your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations, in which you must settle your claim or make a claim. 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. This could be a lengthy process and expensive, yet it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with the other). Your attorney will also submit legal documents, referred to as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout the process, and most car accident civil disputes end before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe your claim for injury is solid and you'll be willing to take the case to trial. The settlement process is also more efficient and less risky than the court trial.

It is crucial to fully comprehend your injuries prior to committing to a settlement. You must have completed all medical treatments. If you agree to a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI), 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 miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records as well as other documents to ensure that you get the full amount of damages for which you are eligible.