The First Steps in Car Wilkinsburg accident lawyer Litigation
Our firm of tenacious lawyers will draft an official letter of demand if the insurance company refuses to pay the amount you’re entitled to for your injuries. This will outline all the economic losses you have suffered such as medical bills and lost wages, as well as non-economic damages, such as suffering and pain.
A judge or jury will then make a decision. If they decide in your favor they will make you a victim and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit for a car accident the proof of 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 photos, documents witness testimony, official reports including police reports and other official reports.
Your attorney may be able to determine the circumstances of the accident by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Also, note the names and phone numbers of any eyewitnesses who saw what happened. Witnesses who testify to corroborate your version of what transpired is vital especially as it can be common for drivers to have contradictory reports of what happened, which can lead to insurance companies refusing to accept the claim or even denying any responsibility at all.
Medical records can also be utilized by your lawyer to prove the extent of your injury. These documents may include receipts, bills and lab results, diagnose reports, discharge guidelines and other forms of documentation. You should get these records as soon as possible and be sure to provide copies to your healthcare providers.
A deposition is a different type of evidence your lawyer may employ. This is an out-of court testimony given under oath and later transcribing by a Court Reporter. The lawyer can utilize this testimony to prove that your injuries had a clear, identifiable connection to the accident. This can be used to justify the need for compensation. While most of the above-mentioned types of evidence are taken at the scene of the accident or shortly afterward but some of the evidence might not be available until later in the litigation process. It’s important to contact a car accident lawyer with the right credentials as soon as you can so they can begin an inquiry while the evidence is in its most natural form.
2. Filing a Complaint
After the dust has settled and you’ve taken care of your injuries, you should seek legal advice from an expert. A car accident attorney can provide the necessary expertise to ensure you receive the maximum compensation for your claim.
The first step is filing an application with the court. This will outline your specific claims and the amount you want to recover in damages. The complaint is typically written by your attorney, and then filed with the court and served to the defendant.
The discovery phase starts with both parties able to exchange information about 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 might also need to review medical records as well as bills and other documents. Each side can request interrogatories. These are a series of questions that the other side must answer under oath in the specified timeframe.
In this phase, your lawyer will also collaborate with your doctor to get an accurate picture of your injuries and the impact they’ve caused on your life. Your attorney will calculate your total damages that will include future and past medical expenses, lost earnings, pain and suffering and much more.
Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at the fault. This will most likely be the case following the completion of discovery and before trial. If the insurance company is unable to negotiate a fair settlement or if you have incurred significant damage that is not covered by the insurance policy, the case could be referred to trial. A jury or judge will decide the case based on the weight of all evidence.
3. Discovery
Discovery is an essential step in any car accident case. This is where your attorney and negligent insurer of the driver exchange information that can support or damage your claim. Your attorney will request copies of the documents that support your case. This includes police reports as well as medical bills and work loss documents from your employer (showing how much time you were absent due to the accident) photos of your vehicle, any injuries or damages, and other financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and parties who are not present.
These tools for discovery are exchanged between attorneys from both sides. They provide the opposing party the opportunity to answer questions in writing, which must be answered under oath and to provide copies of specific documents or other information that may be relevant to your case.
Your Long Island car lonoke accident lawyer lawyer will also conduct depositions of people who are witnesses to the collision, as well as any person who has information about your injuries or damages that could be pertinent to your case. During a deposition, your lawyer representing the person at fault will ask you questions and your answers could be recorded on video by a court reporter or transcribed.
These pretrial investigation processes are designed to help your lawyer develop a convincing case against the responsible party and their insurance company in order to negotiate a fair settlement for all of your injuries and losses, costs and expenses. There is no guarantee of a settlement in every case but the majority of cases will settle during or following the investigation process, which is usually completed before the trial.
4. Trial
Trials are a possibility in situations when you and the insurance provider disagree about who is at fault or the amount you should be awarded for your injuries. A trial is an official proceeding where both parties are required to present their arguments and evidence to the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.
During the trial your lawyer will be able to give your account of the events in your opening statements to the jury, and any supporting evidence that you have, like photos or video of the accident scene, testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You can also testify about your memory of the incident and how it affected your life. Expert witnesses can also offer evidence to back up your assertions. The lawyer representing the defendant can cross-examine the witnesses and object to the admissibility or validity of certain evidence.
In a trial, the jury has to decide if the plaintiff’s injuries were caused by the defendant’s negligence. They will consider the proximate causes, which is a complicated legal concept that law students will spend hours studying. Proximate cause examines the relationship between the defendant’s actions and the plaintiff’s injuries.
A jury must also decide how much compensation you should receive. This is a more complicated matter due to how severe your injuries are and the severity of your losses. Your attorney will provide evidence which includes expert testimony about the severity of your injuries that resulted in loss of income and earnings potential, as also your pain and suffering and impairment.
5. Settlement
Every state has a deadline to resolve your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, then you might require filing a car accident lawsuit in the court. This can be time consuming and costly, however it is usually necessary to pursue compensation.
During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which each side exchanges information with each other). Your attorney will also submit legal documents, referred to as motions, which ask the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue throughout this process, and a majority of civil disputes in car accidents settle before a trial can be held.
Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and that you’ll be willing to take the case to trial. Settlements are more efficient and less risky than a court trial.
It is crucial to be aware of your injuries prior to the settlement. You must also have completed all medical treatments. If you settle before your doctor has determined that you have reached the maximum medical improvement (MMI) and you are not able to be denied additional compensation. Also, you should not sign an agreement until you have talked to your lawyer and have an accurate understanding of your damages. Your lawyer will ensure that you don’t lose out on a substantial amount of compensation. They will scrutinize your medical records and other documents, to ensure that you receive all the compensation you’re entitled to.