How to Get Through an Accident Litigation Case That Goes to Court In general, it could take up to a year to settle a lawsuit arising from an accident. Contact a seasoned car accident lawyer as quickly as you can. Your lawyer will need to collect evidence and documentation about your injuries and the impact on your life. This includes medical records, witness testimony, and other documents related to the crash. Getting Started It is important that you seek out an attorney as soon as you've been injured in an auto accident. This will protect your rights and ensure that you do not miss the deadlines for filing an action (known as the statutes of limitations). An experienced lawyer can guide you through the procedure of filing a lawsuit, and getting the compensation that you are entitled to for the losses and injuries you have suffered. If an attorney is assigned a case on, they begin by investigating the incident and building their case by gathering evidence. This could include police records, medical records and witness statements. Attorneys will also conduct legal research to determine if the law applies to your case. Once they have enough data to begin constructing their case, they'll submit a complaint to the Defendant. The complaint will detail the legal theory behind what caused the accident and seek damages from the Defendant for your loss. The defendant may "answer" the complaint, accept responsibility for the accident, or make an attempt to counterclaim you (trying to shift the burden of liability onto you or another third party). https://vimeo.com/709651492 is a lengthy process where all parties exchange information on the case. The defendant must provide all the information requested in the complaint, and also information about their insurance coverage as well as the facts of the case. The Plaintiff must provide their own evidence. During this phase of litigation, attorneys are able to depose witnesses and experts in person. The evidence can be used in court. Attorneys can also make use of a variety of documents, including social media posts and text messages, to prove their case. During the process of discovery, it is not unusual for the Defendant to try to shift blame to you or another party. This is why it is crucial to be honest with your lawyer. They will need to know the full extent of your losses in order to get you the maximum settlement for your claim. You should also write down the chronology of events as soon as you can after the incident. This will help you remember the details while speaking with the defendant or their insurance company. Maintaining this record up to date is vital, particularly as your injuries grow or worsen. In many cases, Defendant might try to settle the case outside of court. This is often more efficient and cheaper than going to court. If the defendant is not happy with the settlement, they can decide to appeal. Appeals can be lengthy and costly for both parties. The process can delay your final payout by months or even years. It is important to speak with an experienced attorney early on in the process to avoid this. Preparing for Trial As the trial date draws near it is imperative that attorneys complete all the tasks necessary to prepare the trial. This includes making lists of witnesses, expert witnesses and other evidence, arranging and organising visual aids; as well as creating detailed trial bundles. Trial preparation is a challenging and demanding task. The goal is to present a an exhaustive and convincing case for you, based on the evidence and witness testimony. Your lawyer will need to conduct extensive research and gather all relevant documents, including medical records, photographs of the accident scene and police reports, repair invoices for your vehicle or property, as well as insurance coverage details. During this period your lawyer will gather witness testimony and consult with experts when necessary. The goal is to prove that the negligence of the other party caused your injuries and damages. The lawyers representing the defendant will also have the chance to cross-examine witnesses and object to any evidence, and present arguments. After both sides have presented their case in closing statements to the jury. This is their chance to present their arguments and convince jurors that they are right. You will be required to take part in an examination prior to trial, where attorneys representing the other side will ask you questions about your injuries and accident. It's essential to be honest and cooperative throughout this procedure. Your lawyer can guide you to ensure that you answer all questions truthfully and appear natural. Your attorney will also discuss with you the types questions that lawyers on the other side might ask during the EBT. If you are well-prepared for the test and knowing what you can expect, you'll be less anxious throughout the process. The court will then make an opinion. The verdict will determine the amount of money you are due to compensate for your losses. You may appeal the decision if you're not satisfied with the decision. A successful personal injury case depends on many factors. The most important thing is having an knowledgeable and experienced attorney represent you in court. The legal team at Wilson Kehoe Winingham has the resources and experience necessary to present a convincing argument on your behalf. Contact us for an initial free case evaluation today. Discovery and Inspection After a lawsuit is filed, procedures in most courts permit our car accident lawyer to obtain details from the driver at fault and other outside parties that could be relevant to your case. This process, called discovery, forms the basis for negotiations on a fair settlement. Discovery tools include written interrogatories and requests for production and requests for admissions. The discovery process is the longest demanding part of a car accident case and can involve pages of questions and hours of depositions. Your New York City personal injuries attorney should make sure that your case is properly prepared for the next stage of litigation. During this phase of the trial the defendants must provide information about their insurance, witness statements and photographs. Defendants must also disclose if they have videotapes of your accident, or if they have been following you through an investigator from a private company. In certain instances, defendants are also forced to disclose access to their private social networks like Facebook or Twitter in the hope that you may have posted something that is contrary to your testimony at trial. In certain cases, the Court will need a mental or physical exam of a victim of an accident. These exams are not common in car accident cases but they can be very important if your injuries are having a an effect that lasts for a long time on your ability to enjoy and work. The legal system is robust with medical privacy laws, but and an order from a court is required for these types of examinations. During the discovery phase, our expert witness may require an inspection of the land relevant to your case. For instance, if you car accident occurred on private property and a dam or reservoir on the property is involved Our expert witness might require a visit to the property. These kinds of requests are generally granted unless there is a privacy concern. In this stage of litigation, we could employ a method known as subpoenas to request records from people or businesses that are not directly involved in your accident case but have documents that are relevant. This is a lengthy, time consuming and expensive method of discovery and courts try to restrict its use.