Meet The Steve Jobs Of The Accident Compensation Industry

The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter in the event that the insurance company refuses to pay the amount you need for your injuries. This letter will detail all of your financial losses like medical expenses and lost wages as in addition to non-economic damages such as discomfort and pain.

A judge or jury will then make a ruling. If they decide in your favor you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is essential to receive compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports like police reports and other official reports.

Your lawyer might be able to determine the circumstances of the accident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Also, keep track of the names and contact details of any eyewitnesses who saw what happened. It is important to have witnesses who can confirm the events that occurred, as it can often be the case that drivers offer contradictory accounts that lead to insurance companies refusing or denial of the responsibility.

Other forms of evidence your lawyer may use include medical records, which could include receipts, bills diagnose reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. You should obtain these records as soon as possible and send copies to your medical professionals.

A deposition is another form of evidence that your attorney might employ. This is an out-of court statement made under oath and later transcribed by a Court Reporter. The lawyer can use the testimony to establish that your injuries have a direct and foreseeable connection to the accident which can help justify compensation for your injuries. Although the majority of the above types of evidence can be collected at the scene of the scottsdale accident law firm or within a short time after however, some evidence may not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as soon as you can, so they can begin investigating while the crucial evidence is in its most pure form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from a professional. A lawyer from a car accident can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court. This document will outline your specific claims as well as the amount of money you'd like to recover in damages. The document is usually drafted by your attorney, and then filed with the court and served to the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a considerable time and both teams may need to review a lot of documents including police reports and witness statements. They may also have to examine medical records as well as bills and other documents. Both sides can request interrogatories. These are a set of questions that the other side must answer under oath in the specified timeframe.

In this phase, your lawyer will also work closely with medical professionals to obtain the full picture of your injuries as well as the impact that they've had on your life. Your lawyer will estimate the total damages. This will include future and past medical expenses including lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This is most likely to take place after the completion of discovery and prior to trial. If the insurance company is unwilling to offer a fair settlement or if your losses are substantial and not covered by insurance, then you could have to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident case. It is the point at which your attorney and negligent driver's insurer exchange information that could help or hurt your claim. Your attorney will request copies of documents that support your case. These include police reports medical bills, work loss documents from your employer (showing the length of time you've missed due to the accident) photos of your vehicle damaged or injured and financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to question witnesses and parties who are not present.

These documents are exchanged between attorneys from 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 of other information that might be helpful to you.

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

These pretrial investigation procedures are designed to assist your lawyer develop a convincing case against the person who is at fault and their insurance company in order to obtain an equitable settlement for all your injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case however most do so after or during the investigation process, which is usually completed before the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company are not in agreement on fault or the amount you are entitled to for your injuries. A trial is an official proceeding where both parties are required to present arguments and evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial the lawyer will explain your story in opening statements to the jury as well as any other evidence you have, including pictures or videos of accident scene, witness testimony from bystanders and medical professionals, and documents such as police reports and medical bills. You can also provide testimony regarding your recollection of the incident and how it has affected your life. Expert witnesses can also testify to back your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

At trial, the jury must determine if the plaintiff's injuries were caused by the defendant's negligence. They will be looking at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause looks at the relationship between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. It is also a complicated issue due to the extent of your injuries and the degree to which you've suffered. Your attorney will provide evidence including expert testimony regarding the severity of your injuries that resulted in loss of income and earning potential, in addition to your pain and suffering and Vimeo.com impairment.

5. Settlement

Each state has a specific deadline to settle your claim or file an action. This is known as the statutes of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may have to file a car accident lawsuit in the court. It is costly and time-consuming, however it is often necessary to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where each side exchanges information with the other). Your lawyer will also submit legal documents, referred to as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout this process, and a lot of civil disputes arising from car accidents end before a trial is required 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. Settlement is more efficient and less risky than an in-court trial.

It is important to fully comprehend your injuries prior to an agreement. You should also have completed all medical treatment. If you settle prior to your doctor determining that you have reached maximum medical improvement (MMI) it is possible to be denied additional compensation. You should also not sign a contract before you've spoken with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other documentation to make sure that you get the full amount of damages for which you are eligible.