How to Get Through an Accident Litigation Case That Goes to Court In general, it could take up to a year to settle the case of a litigation involving an accident. Talk to a knowledgeable car accident lawyer as soon as you can. Your lawyer will need to collect evidence and documentation of your injuries and the impact on your life. This could include medical records, witness testimony and other documents related to the crash. Getting Started It is imperative to contact an attorney immediately if you have been injured in an accident involving your vehicle. This will ensure that your rights are secured and you don't be late in filing an action, also known as the statute of limitations. An experienced lawyer can guide you through the entire procedure of filing a lawsuit and getting the compensation you deserve for the damages and losses you have suffered. When an attorney is assigned the case, they begin to examine the incident and construct their case by gathering evidence. This could include police records and medical records as well as witness statements. The attorney will also conduct legal research to determine the law's relevance to your particular case. Once they have enough details to begin constructing their case, they will file a complaint against the Defendant. This will explain the legal theory as to what happened and seek damages for your losses from the Defendant. The defendant can "answer" your complaint, accept responsibility for the incident or even make a counterclaim (trying to shift responsibility to you or another party). Discovery is a long-winded process where all parties exchange information about the case. The defendant is required provide all the information requested in the complaint along with details regarding their insurance coverage and facts of the case. The Plaintiff must provide their own evidence as well. At this point in the litigation, attorneys may depose witnesses or experts in person. The testimony is recorded and transcribed and is then used during trial. Attorneys can also utilize different documents, including social media posts and text messages, to prove their case. During the discovery process, it is not unusual for the Defendant to try and shift blame onto you or a different party. It is essential that you are honest with your attorney. To get the best settlement, they'll require your complete losses. It is also crucial to make a written record of events as soon as possible after the incident. This will allow you to remember the details when speaking with the Defendant or their insurance company. It is essential to keep the record current particularly if your injuries worsen or get better. In many cases, the defendant will try to settle with you outside of court. This is usually less difficult and less expensive than going to trial. However, if the Defendant is not satisfied with the settlement, they could decide to appeal. Both parties are usually confronted with lengthy and costly appeals. This can delay the payment for a number of months or even years. To avoid this, it is important to consult with an experienced lawyer early on in the process. Preparing for Trial As the trial date nears, it is essential for attorneys to make sure they address all the necessary tasks to prepare the case. This includes making lists of witnesses, expert witnesses and other evidence; arranging and organising visual aids; and making detailed trial bundles. The process of preparing for a trial is a time-consuming and laborious task. It is crucial to present a an impressive and convincing case for yourself, based on evidence and testimony of witnesses. Your lawyer will have to conduct extensive research, collect all relevant documents, such as medical records, photos of the scene of an accident and police reports as well as repair invoices for your vehicle or property, and insurance coverage details. During this time, your lawyer will also gather witness testimony and consult with experts if necessary. The objective is to prove that the negligence of another party caused your injuries and damages. The lawyers for the defendant will also be able to cross-examine witnesses, object to any evidence, and present arguments. After both sides have presented their arguments, they will give closing statements to the jurors. This is an opportunity to summarise their arguments and convince the jury that they're on the right side of the issue. You'll need to undergo an examination prior to trial (EBT) where the other attorney from the other side will inquire about your injuries and the incident. During this process, it's essential to be honest and cooperative. Your lawyer can provide you with guidance to ensure you answer all questions in a way that is honest, and appear natural. Your lawyer will also go over with you the types of questions that the opposing attorneys might ask you during your EBT. If you are prepared for the exam and knowing what you can expect, you'll be less nervous throughout the process. The court will then render an opinion. The verdict will determine the amount of money you owe to cover your losses. If you are not satisfied with the verdict, there are several different levels of appeal you may pursue. Many factors are involved in the success of a personal injury claim. The most important thing is having an expert and knowledgeable lawyer represent you in court. Wilson Kehoe Winingham's legal team has the expertise and resources to put together an impressive case on your behalf. Contact us today to arrange a free case evaluation today. Discovery and Inspection Once a lawsuit has been filed, the courts typically have procedures that permit our car accident attorney to request information regarding the at-fault party as well as other parties who may be relevant to your case. This process is known as discovery. It provides the basis for negotiating realistically. Written interrogatories are a discovery tool and so are requests for admissions or production. The discovery process is the most time consuming part of a car accident case. It can be pages of questions and hours of depositions. Your New York City personal injuries attorney must prepare your case with care to move forward with litigation. Defendants must provide insurance information, witness statements and photos during this stage of the lawsuit. The defendants must also reveal whether they have videotapes or other evidence of your accident or if they've been following you through an investigator from a private company. In certain instances defendants may be forced to reveal their private social media accounts, such as Facebook or Twitter to the hope that they've posted something contrary to the testimony you gave at trial. In certain cases there are instances where the Court will have to conduct a mental or physical examination of the victim of an accident. These types of exams aren't typical in car accidents but they are extremely crucial if your injuries have a a long-term effect on your ability to have fun and enjoy work. The legal system has robust medical privacy laws, however and a court order is required to proceed with these kinds of exams. During the discovery phase in the discovery phase, our expert witness might require an inspection of the land relevant to your case. Our expert witness may wish to examine the dam or reservoir in case, for example, your car accident occurred on private property. These kinds of requests are usually granted with the exception of an issue with privacy. In this stage we could also employ a tool known as subpoena to obtain records from individuals or companies that are not directly connected to your accident incident but have records that are relevant. https://vimeo.com/709546463 is a lengthy, time consuming and expensive method of discovery, and courts attempt to limit the use of this method.