• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

• 페이스북 공유
• 트위터 공유
• 

The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need to cover your injuries, our persistent attorneys will prepare an official demand letter. It will detail all your financial damages like medical bills and lost wages, and non-economic damages like suffering and pain.

Then the judge or jury will take a call. If they come to a decision in your favor, you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident may assist your attorney in determining what actually transpired in the collision, including the location of both cars after impact, skid marks, road debris and other physical evidence. Record the names and contact details of any witnesses who saw what transpired. Witnesses who testify that confirm your version of the events is essential particularly since it can be common for drivers to have conflicting reports of what happened, which results in insurance companies refusing to accept the claim or deny the responsibility completely.

Other evidence forms your lawyer could use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other documents that show the extent of your injuries. It is essential to get these records as quickly as you can and give copies to your healthcare professionals.

A deposition is another form of evidence that your attorney may make use of. It's an out-of court testimony given under oath, which is then recorded by a Court Reporter. Your lawyer could use this evidence to prove your injuries have an immediate, obvious connection to the accident. This helps to justify the need for compensation. While most of the above-mentioned types of evidence are collected at the scene of the accident or shortly thereafter, some of it might not be accessible until later in the litigation process. This is why it's important to contact a reputable lawyer for car accidents as soon as you can, so they can begin the investigation while the crucial evidence is in its purest form.

2. Making a Complaint

Once the dust has settled and you have tended to your injuries, it's time to seek professional legal advice. An attorney for car accidents will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims you have filed and how much money you are seeking in damages. This type of document is typically drafted by an attorney and then filed in the court. It will also be delivered to the defendant.

This also triggers the discovery phase which allows both sides to exchange information and documents related to their defenses and claims. The process can take a considerable time and both teams may require a thorough review of documents, including police reports and witness statements. They may also have to look at medical records, bills, and other documents. Each side can require interrogatories. These are a set of questions which the other party must answer under oath within a set deadline.

In this phase, your lawyer will also collaborate with doctors to ensure they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your attorney will then calculate the total damages you have suffered that include future and past medical expenses as well as lost earnings, pain and suffering, and more.

Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. It is likely to occur following the conclusion of discovery, but before trial. If the insurance company is unable to provide a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case could go to trial. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company exchange information that could assist or derail your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports or work-related loss records (e.g., from your employer that outlines how long you missed work because of the accident attorneys) photos of your vehicle, any damages or injuries, and other relevant financial information. Your attorney may also employ written discovery tools like interrogatories request for production, interrogatories and requests for admissions to interview witnesses and parties who are not in the case.

These tools for discovery in writing are circulated back and forth between attorneys of both sides. The written discovery tools give the opposing side a chance to respond to questions in writing which must be answered under oath. It also allows you to provide copies of other information that could be useful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information about the damages or injuries you sustained that could be essential to your case. During a deposition the lawyer of the at-fault person will ask you questions, and your answers are recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to enable your lawyer to create an argument that is convincing and persuasive to the responsible party and their insurer, so that you can receive a full and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle however, the majority settles in the course of or following the discovery process, which is often be completed prior to the time your case is brought to trial.

4. Trial

The majority of car accidents settle through out-of-court negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, your case may be heard in a trial. A trial is a formal hearing in which 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 be able to present your version of events in your opening statements to the jury, along with any supporting evidence you have, including photos or video of the accident scene, witness testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also provide testimony regarding your memory of the incident and how it affected your life. Expert witnesses can also offer evidence to back up your claims. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility of certain evidence.

At trial, jurors must decide if the plaintiff's injuries were the result of the defendant's negligence. They will consider the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause examines how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also determine how much damages you are entitled to. This is another complicated issue due to the severity of your injuries and the extent of your losses. Your attorney will present your evidence that includes expert witness testimony about the severity of your injuries, your lost income, and future earnings potential and your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations that you must meet to settle your claim or file a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may require filing a car accident lawsuit in court. This can be time consuming and expensive, but it is usually necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the process, and many civil disputes arising from car accidents end before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you will be willing to take the case to trial. In addition the settlement process is more efficient and less risky than a trial.

It is essential to fully understand your injuries prior to committing to a settlement. It is also important to have completed all medical treatments. You could lose out on additional compensation if you sign the settlement before your doctor has concluded that you have reached the level of medical improvement that is the highest. Also, you should not sign a release until you have consulted with your lawyer regarding your damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will carefully review your medical records and other evidence to make sure that you get the full amount of damages for that you are eligible.