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The First Steps in Car Accident Litigation
If the insurance company is refusing to provide the amount of money you need to cover your injuries, our persistent attorneys will prepare an official demand letter. This will list all the economic losses you have suffered such as medical bills and lost wages, and non-economic damages, like suffering and pain.
Then a jury or judge will decide. If they make a decision to your advantage you are awarded damages and the defendant must pay them.
1. Gathering Evidence
In a car accident lawsuit, proving liability and negligence is essential to receive compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports, such as police reports, and other official reports.
Your attorney may be able to establish what happened during the accident by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Also, keep track of the names and contact numbers of any witnesses who were present at what occurred. Having witnesses testify that corroborate your account of events is important particularly since it can be common for drivers to give contradicting reports of what happened, which can lead to insurance companies refusing to accept the claim or denying responsibility altogether.
Other evidence forms your lawyer might use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge guidelines, and other documents that show the extent of your injuries. It is important to obtain these documents as soon as is possible and be sure to send copies to your healthcare professionals.
Depositions are another form of evidence that your attorney may utilize. This is an out-of court testimony given under oath, which is then recorded by a Court Reporter. Your lawyer may make use of this testimony to prove your injuries were a clear, identifiable connection to the accident. This can be used to justify the need for compensation. Most of the evidence mentioned above can be obtained at the scene of the accident or within a short time however some evidence may not be available until later in the litigation. This is why it's vital to consult a highly-credentialed car accident lawyer as soon as possible, so that they can begin the investigation while vital evidence is still in its most pure form.
2. The process of filing a complaint
After the dust has cleared and you've taken care of your injuries, you should seek legal guidance from an expert. 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 a complaint with court, which details the specific claims you have filed and the amount of money you are seeking in damages. The document is usually written by your attorney, and then filed with the court, and then served to the defendant.
The discovery phase starts with both parties able to share information regarding their defenses and claims. The process can be lengthy and requires both parties to go through a myriad of documents including police reports, witness statements and medical records, as well as bills and much more. Each side can request interrogatories, which are a series of questions that each party must answer under oath within a specified deadline.
In this phase, your lawyer will also work closely with your doctor to get a full picture of your injuries as well as the impact that they've caused on your life. Your attorney will then calculate your total damages, which will include past and future medical expenses and lost earnings, as well as suffering and pain, and more.
Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at the fault. This is most likely to take place after the completion of discovery and prior to trial. If the insurance company does not agree to an acceptable settlement, or if the damages are significant and not covered by insurance, then you could be required to go to trial. A jury or judge will decide the case on the basis of all the evidence.
3. Discovery
Discovery is an important phase in any car accident case. This is when your attorney and the negligent insurer for the driver exchange information that could support or derail your claim. Your attorney will request copies of documents to support your claim. These include police reports medical bills, as well as work loss records from your employer (showing the length of time you've missed because of the accident) photos of your vehicle as well as any injuries or damages and other financial details. Your attorney may also employ written discovery tools, such as interrogatories and requests for production, as well as requests for admissions in order to question witnesses and parties who are not present in the case.
These tools for discovery are used to exchange information between attorneys on both sides. The written discovery tools provide the other side an opportunity to answer questions in writing, which must be answered under oath. They also ask you to provide copies of other information that could be useful to you.
Your Long Island car accident lawyer will also depose people who are witnesses to the accident, as well as anyone with information regarding your injuries or damages that could be relevant to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses could be recorded on video by a court reporter or transcribed.
The pretrial investigation process is designed to help your lawyer develop a convincing case against the at-fault person and their insurer in order to negotiate a fair settlement for all of your damages as well as losses, expenses and costs. There is no guarantee of a settlement in each case, but the majority of cases do so after or during the investigation process, which is often completed prior to the trial.
4. Trial
Trials are possible in cases where you and the insurance company are not in agreement on the source of your fault or the amount you should receive for your injuries. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder who issues a decision that resolves the dispute. In personal injury cases the factfinder will usually be a jury.
During the trial, your lawyer will give your account of the events in opening statements to the jury together with any evidence that you have, like images or videos of the accident scene, testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You can also testify about your memories of the incident and how it affected your life. Expert witnesses can also testify to back your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of specific evidence.
The jury will decide in the trial if the plaintiff's injury was the result of the defendant's negligent conduct. They will consider the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff's injuries.
A jury must also determine how much damages you will be awarded. This is another complicated issue depending on how severe your injuries are and the extent of your losses. Your lawyer will provide evidence that includes expert testimony regarding the severity of your injuries as well as lost income and future earning potential, as well your pain and suffering and impairment.
5. Settlement
Each state sets a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or make a claim. If your lawyer cannot come to a deal with the insurer, you might have to bring a lawsuit to court. It's costly and time-consuming, but it is usually required to obtain compensation.
During this process the Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents called motions asking the court for certain things, such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are settled prior to a trial.
grand rapids accident lawyer are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you'll be willing to take the case to trial. The settlement process is also quicker and less risky than a court trial.
Before settling a settlement, it is important that you fully understand the extent of your injuries. You must also have completed all medical treatment. You may not receive additional compensation if you accept an offer of settlement until your doctor has concluded that you have reached the maximum medical improvement. You should also not sign an agreement until you have talked to your lawyer and had full understanding of your damages. Your attorney will ensure that you do not get a poor deal on compensation. They will look over your medical records and other documentation, to ensure that you receive all the damages for which you qualify.
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