How to Get Through an Accident Litigation Case That Goes to Court In general, it can take up one year to settle an accident litigation case. Speak to a knowledgeable car accident lawyer as soon as possible. Your attorney will need to collect evidence and documentation about your injuries and the impact on your life. This could include medical records and witness testimony, as well as documents relating the incident. Getting Started If you have been injured in a crash It is important to speak with an attorney as soon as you can. This will safeguard your rights and ensure that you don't miss the deadline for filing an action (known as the statute of limitations). An experienced lawyer will be able to guide you through the procedure of filing a lawsuit and obtaining the compensation that you deserve for your injuries and losses. When an attorney decides to take on an issue, they begin to investigate the incident and build their case by gathering evidence. This could include police reports, medical records and witness statements. https://vimeo.com/709524565 will also conduct legal research to determine what law applies to your case. Once they have enough information to build their case, they'll file a complaint against Defendant. This will lay out the legal theory of the circumstances that led to the accident and seek damages from the defendant for your loss. The defendant may "answer" your complaint, accept responsibility for the accident or make a counterclaim (trying shift responsibility to you or another party). Discovery is an extensive process through which the parties exchange information regarding the case. The defendant must provide all information requested in the complaint, as well as details about their insurance coverage and the facts of the case. The Plaintiff must also provide evidence. At this point in the litigation, attorneys can depose witnesses or experts in person. The testimony is recorded and transcribed and then used during trial. Attorneys can also utilize different documents, including social media posts and text messages, to support their case. During the process of discovery It is not uncommon for the Defendant to try and shift blame onto you or a different party. This is the reason it is essential to be completely honest with your lawyer. They'll want to know the full extent of your losses in order to ensure you receive the highest settlement for your claim. You should also record the sequence of events as soon as you can following the incident. This will help you recall the details when you speak with the defendant or their insurance company. Maintaining your record up to the date is essential, especially when your injuries become worse or worsen. In many cases, the defendant might try to settle the case outside of court. This is usually more convenient and less expensive than going to trial. However, if the Defendant is not satisfied with the settlement, they may decide to appeal. Both parties are often burdened by lengthy and expensive appeals. This could delay the final payment for months or even years. To avoid this, it is crucial to speak with an experienced lawyer as early as possible in the process. Preparing for trial As the trial date approaches it is imperative attorneys complete all tasks necessary to prepare the case. This includes preparing lists for witnesses, expert witnesses and other evidence. It also involves arranging and organizing visual aids and preparing comprehensive trial bundles. Trial preparation is a challenging and demanding task. The aim is to present an extensive and convincing case for you, based on the evidence and witness testimony. Your lawyer will need to conduct extensive research, and collect all relevant documents, including medical records, photos of the scene of an accident and police reports, repair invoices for your vehicle or property, as well as insurance coverage details. During this period, your lawyer will also gather testimony from witnesses and consult with experts if needed. The goal is to prove that the negligence of the other party caused your injuries and damages. The lawyers representing the defendant will be able to cross-examine witnesses, challenge evidence and make arguments as well. After both sides have made their arguments, they will make closing statements to the jurors. This is an opportunity to summarize their arguments and convince the jury that they're on the right track. You'll need to undergo an examination before trial (EBT) where the other side's attorney will ask questions about your injuries and accident. It is crucial to be honest and cooperative throughout this procedure. Your attorney can guide you to ensure that you answer all questions honestly and appear natural. Your attorney will also explain to you the types of questions the opposing attorneys might ask you during your EBT. If you are prepared for the test and knowing what to expect, you will feel less anxious during the process. The court will then render a verdict. The verdict will determine the amount of amount you are owed to compensate you for your losses. If you're not happy with the verdict there are a variety of options for appeals that you can 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. The legal team at Wilson Kehoe Winingham has the expertise and resources needed to present a convincing argument on your behalf. Contact us today to arrange a free case evaluation today. Discovery and Inspection After 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 is referred to as discovery and it provides the foundation for negotiations that are realistic. Discovery tools include written interrogatories, demands for production and admissions. The discovery process is the longest demanding part of a car accident case. It could involve pages of questions and hours of depositions. It is important that your New York City personal injury attorney is prepared for this phase of litigation. During this phase of the trial the defendants are required provide information about their insurance along with witness statements and photographs. The defendants must also disclose whether they have videotapes of your accident, or have been following you through private investigators. In certain instances defendants are also required to reveal access to their private social media accounts like Facebook or Twitter in the hope that you may have posted something that is contrary to your testimony in court. In certain situations it is the Court will have to conduct a mental or physical examination of the accident victim. These tests aren't common in the case of car accidents, however they can be very important if your injuries have a long-term effect on your ability to enjoy and work. The legal system has strong medical privacy laws, however and an order from a court is required for these types of tests. During the discovery phase, our expert witness may request an inspection of land relevant to your case. Our expert witness could want to inspect the reservoir or dam if it is the case that, for instance, the car accident you were involved in occurred on private property. These requests are typically granted, unless there's a privacy concern. During this phase of the litigation, we could use a tool called a subpoena to obtain records from people or businesses that aren't directly involved in the case but have records that are relevant. This is a costly and time-consuming method for discovery, and courts restrict the use of this method.