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The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you require for your injuries, our hard-working attorneys will prepare a formal demand letter. This will include all of your economic damages including medical expenses and lost wages, and other damages that are not economic, like pain and suffering.

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

1. Gathering Evidence

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

Your attorney may be able to determine what happened in the accident by taking pictures of the scene, including skid marks, road debris and other physical evidence. Also, take note of the names and phone numbers of any witnesses who were present at the incident. Witnesses that testify to support your version of the events is essential especially as it can be common for drivers to have conflicting stories of what happened. This results in insurance companies refusing to accept the claim or denying the responsibility completely.

Other evidence that your lawyer might use include medical records. These could include bills, receipts diagnostic reports, lab results, discharge instructions, and other evidence that proves the severity of your injuries. It is important to obtain these records as soon as you can, and also provide copies to your healthcare professionals.

fort smith accident law firm is yet another type of evidence that your attorney might use. It’s an out-of court statement made under oath, which is then translated by a court reporter. Your lawyer may use the testimony to establish that your injuries had an immediate and predicable connection to the crash which can help justify the compensation you deserve for your damages. Most of the evidence mentioned above is available at the site of the crash or shortly after but some of it may not be available until later in the litigation. It is crucial to contact an attorney for car accidents with the right credentials immediately to begin an inquiry while the evidence is still in its most pure form.

2. Filing a complaint

When the dust has cleared and you’ve taken care of your injuries, it’s time to seek professional legal advice. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in the court, describing the specific claims you’re bringing and how much money you’re seeking in damages. This form is usually prepared by an attorney and filed in court. It will also be given to the defendant.

The discovery phase begins with both parties able to share information regarding their defenses and claims. The process can take a considerable time and both teams may be required to examine a large number of documents like police reports and witness statements. They might also have to examine medical documents and bills as well as other documents. Both sides can request interrogatories. These are a series of questions which the other side must answer under oath in the timeframe specified.

During this stage, you lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact that they’ve caused on your life. Your lawyer will then calculate your total damages, which will include future and past medical expenses, lost earnings, suffering and pain, and more.

Your lawyer may be able come to 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 is unable to settle the claim in a fair manner or if you have incurred significant losses that aren’t covered by the insurance policy, the case could go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company exchange information that could support or damage your claim. Your attorney will ask for documents that can support your case, such as police reports, medical bills, work loss records (e.g. the records from your employer that outlines how much time you missed work because of the accident) photos of your vehicle as well as any injuries or damage and other financial information. Your attorney will also use written discovery tools, such as interrogatories, requests for production and requests for admissions to question witnesses and other 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 give the opposing side an opportunity to answer questions in writing that need to be answered under oath and to provide copies or other information that could be useful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident as well as anyone who has information about your injuries or damages that could be relevant to your case. During a deposition, the attorney representing the at-fault party will ask you various questions, and your responses will be recorded on video, or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to assist your lawyer to present an argument that is persuasive and strong to the party at fault and their insurer in order that you can secure a full and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case however, the majority of cases occur during or after the investigation process, which usually done prior to trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations, if you and the insurance company are not in agreement about who is to blame or how much compensation you are entitled to for your injuries, your case could go to trial. A trial is an official process where both parties are required to argue and present evidence to a factfinder who will make a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will explain your story in opening statements to the jury, along with any supporting evidence that you have, like pictures or videos of accident scene, testimony from bystanders and medical professionals, as well as documents like police reports and medical bills. You can also give your testimony regarding your memories of the incident and how it has affected your life. Expert witnesses can also testify to support your claims. The lawyer representing the defendant can interrogate witnesses and object to the admissibility or validity of certain evidence.

The jury will decide in the trial whether the plaintiff’s harm was the result of the defendant’s reckless behavior. They will consider proximate causes, a complex 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. It’s also a complicated issue due to the severity of your injuries and the extent to which you have suffered. Your lawyer will present your evidence which includes expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential as well as your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state has a specific deadline by which you can settle your claim or bring a lawsuit. This is referred to as the statute of limitations. If your lawyer is unable to negotiate a settlement with your insurance company, you may be required to make a court filing. It is costly and time-consuming, but it is usually required to obtain compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where each side exchanges information with each other). Your attorney will also file legal documents, known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A majority of car accident civil disputes are resolved before a trial is necessary.

If they believe that your injury claim is legitimate and you are willing to go to trial the insurance company will offer a fair settlement offer. In addition, the settlement process is faster and less risky than a trial.

It is essential to fully understand the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatment. If you settle prior to your doctor determining that you have reached the maximum medical improvement (MMI) and you are not able to be denied additional compensation. Don’t sign a release until you have talked to your lawyer and have a complete understanding of your damages. Your lawyer will ensure that you do not be denied compensation that is valuable. They will go through your medical records, as well as other documents, to ensure that you are entitled to all damages that you are entitled to.