The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if the insurance company is unable to pay the amount you're entitled to for your injuries. The letter will list all of your financial damages such as medical costs and lost wages as and non-economic losses like discomfort and pain.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is key to obtaining compensation for your injuries and losses. The gathering of evidence is one of the first steps of the litigation process, and it involves gathering evidence, documents, photographs, witness testimony, and official reports, such as police reports.

Your lawyer might be able to determine what happened in the incident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Take down the names and contact numbers of any eyewitnesses that witnessed what happened. Witnesses who testify that confirm your version of what transpired is vital especially as it can be common for drivers to have contradictory reports of what happened, which leads to insurance companies refusing to accept the claim or denying responsibility altogether.

Other evidence forms your lawyer could use include medical records, which may include receipts, bills diagnostic reports, lab results, discharge instructions and other evidence that demonstrates the extent of your injuries. You should get these records as quickly as you can, and also provide copies to your medical professionals.

A deposition is another form of evidence your lawyer could use. It is an out-of the court testimony that is under oath. It is then transcribed by a Court Reporter. Your lawyer may use the testimony to prove that your injuries had an immediate and obvious connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. While the majority of the above kinds of evidence can be taken at the scene of the biloxi Accident attorney or shortly thereafter but some of the evidence might not be available until later in the litigation process. It's important to contact a lawyer for car accidents with the appropriate credentials as soon as you can so that they can begin an investigation while the evidence is still in its most pure form.

2. Making a complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek professional legal advice. A lawyer for car accidents can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you are making and the amount you are seeking in damages. The document is usually written by your lawyer 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 pertaining to their claims and defenses. The process can be lengthy and requires both teams to look over a number of documents, including police reports, witness statements and medical records, as well as bills and much more. Each side can require interrogatories. These are a set of questions that the other party must answer under oath within a specified date.

During this stage, you lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries as well as the impact they've affected your life. Your attorney will calculate the total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and pain and suffering, and more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver at fault. This is more likely to happen after discovery and before the trial. If the insurance company doesn't agree to an acceptable settlement, or if the damages are substantial and not covered by insurance, then you might be required to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and negligent insurer of the driver share information that could either support or undermine your claim. Your attorney will request documents that can support your case, such as medical bills, police reports or work-related loss records (e.g. an email from your employer which reveals the amount of time you were absent from work because of the jacksonville accident lawsuit) photographs of your vehicle as well as any injuries or damages as well as other financial information. Your attorney will also make use of written discovery tools like interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that aren't present in the case.

These written discovery tools are distributed back and forth between the attorneys from both sides. They give the opposing side the chance to respond to questions in writing, which need to be answered under oath and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also depose witnesses to the accident as well as anyone who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer representing the party at fault will ask you several questions, and your answers will be recorded on video or translated by a court reporter.

The pretrial investigation process is designed to assist your lawyer build a compelling case against the person who is at fault and their insurer in order to negotiate a fair settlement for all of your injuries, expenses and losses. While there is no guarantee that all cases will settle, the majority do in the course of or following the discovery process, which can often be completed prior to the time your case reaches trial.

4. Trial

Trials are a possibility in situations where you and the insurance company disagree about who is at fault or the amount you should be awarded for your injuries. A trial is a formal process that involves both sides presenting arguments and evidence to a factfinder who renders a verdict that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury, together with any evidence you have, such as photographs or videos of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You may also testify on your memory of the incident, and how it impacted your life. Expert witnesses can also provide evidence to back up your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of specific evidence.

The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's negligence. They will examine the proximate causality, a nebulous legal concept that law students will spend hours studying. 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're entitled to. This is a thorny issue because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present evidence, including expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential in addition to your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations where you have to settle your claim or bring a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in court. It can be time-consuming and expensive, but it is often required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for things like not allowing certain types of evidence at trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are settled prior to a trial.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and that you are willing to go to trial. Settlements are more efficient and less risky than a court trial.

Before settling the settlement, it's important to understand the severity of your injuries and have completed all medical treatments. If you settle before your doctor has determined that you have reached the maximum medical improvement (MMI) it is possible to miss out on 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 losses. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other documents to make sure that you receive the entire amount of damages to which you are entitled.