The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need to cover your injuries, our hard-working lawyers will draft an official demand letter. This letter will provide a detailed description of your economic losses such as medical costs and lost wages, as well as non-economic damages such as discomfort and pain.

A jury or judge will then take a call. If they decide in your favor they will be able to award you damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident the proof of negligence is essential to receive compensation for your injuries. Gathering evidence is one of the first steps of the litigation process. it involves gathering documents, photographs, witness testimony, and official reports, such as police reports.

Photographs of the scene of the accident may aid your lawyer in determining what happened during the collision, including the positions of both cars after impact, skid marks road debris and other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who witnessed what occurred. Witnesses who testify that confirm your account of events is important particularly since it can be common for drivers to give contradicting reports of what happened, which leads to insurance companies refusing to accept the claim, or even deny the responsibility completely.

Other evidence forms your lawyer could use include medical records. These could include bills, receipts diagnose reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. You should get these records as soon as you can and send copies to your healthcare providers.

Another form of evidence your lawyer could use is a deposition, which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer can use the testimony to prove that your injuries had an immediate and obvious connection to the crash, which helps justify requesting compensation for your injuries. The majority of the evidence mentioned above can be obtained at the site of the Palm Beach Gardens Accident Lawsuit or shortly afterwards but some of it may not be available until much later in the legal process. It's important to contact a car accident lawyer with the appropriate credentials as soon as you can so that they can begin an inquiry while the evidence is in its most natural form.

2. How to file 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 from a car accident can provide you with the knowledge 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 of money you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It is also delivered 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 long case.

These written discovery tools are distributed back and forth between the attorneys of both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing which must be answered under oath. They also ask you to provide copies of other information which could be useful to you.

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

The goal of these pre-trial investigation procedures is to help your lawyer to build an argument that is convincing and persuasive against the at-fault party as well as their insurer in order that you are able to secure an equitable and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle in the course of or following the discovery process, which can be completed prior to the time your case reaches trial.

4. Trial

Trials are a possibility in situations where you and the insurance company do not agree about who is at fault or the amount of compensation you are entitled to for your injuries. A trial is a formal process in which both sides present arguments and evidence before a factfinder who will make a decision to resolve the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any supporting evidence like photos or videos of the accident scene or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You may also offer your testimony regarding your memories of the incident and how it has had an impact on your life. Expert witnesses can also testify to support your claims. The lawyer of the defendant may cross-examine witnesses and object to admissibility of some evidence.

At trial, the jury will decide if the plaintiff's injuries were the result of the defendant's negligence. They will be examining proximate causes an intricate legal concept that lawyers spend many hours studying in law school. Proximate cause considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also decide how much compensation you are entitled to. It's a difficult issue due to the severity of your injuries and the degree to which you've suffered. Your lawyer will present evidence that includes expert testimony from a witness regarding the severity of your injuries, the loss of income, and future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit within which you can settle your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might require filing a car accident lawsuit in court. It can be lengthy and costly, however it is usually required to seek compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your lawyer will also submit legal documents, referred to as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are resolved before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and you'll be willing to go to trial. Additionally, settlement is quicker and less risky for them than a trial.

It is important to fully comprehend the extent of your injuries prior to agreeing to an agreement. You should also have completed all medical treatments. You may not receive additional compensation if you accept an offer of settlement until your doctor has confirmed that you have achieved the level of medical improvement that is the highest. It is also important not to sign a settlement agreement before you have spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will look over your medical records and other documentation, to ensure that you are entitled to all damages for which you qualify.