How to Build a Strong Auto Accident Case
In many cases of car accidents, there are multiple parties involved. A jury may decide to apportion damages between different defendants.
Your lawyer will ask for financial documents, interview witnesses, collect records from medical professionals and experts, take your deposition and more. The discovery process can last anywhere from a few weeks up to a full year. Trials can take anywhere from a few hours, or even years. Appeals can add years or months to the length of a case.
Gathering Evidence
One of the most important steps in a car accident case involves gathering evidence. This could include witness testimony, physical proof of the damage, medical records, and financial documentation of your losses.
The scene of the incident must be documented. Skid marks, weather conditions, damage to both vehicles and the location of each vehicle could all be a factor in determining the cause of the accident and who was at fault. The black box data of the vehicle that was driven by the other driver can be extremely useful in determining the speed and whether brakes were in use or off at the time the accident occurred.
It is best to gather witnesses' information at the scene of the accident, while it is fresh in their minds. This includes those driving in the area, people walking on sidewalks, and those in nearby restaurants or businesses that witnessed the crash. It's also recommended to ask witnesses to record their testimony on video.
A police report is a crucial piece of evidence you should have for a car accident claim or lawsuit. auto accident lawyer fort worth will usually contain vital information about the accident including the names of everyone involved, their phone numbers and information about the insurance policy. The report will also contain the officer's opinion about how the accident happened and who was responsible for the accident.
In need of medical attention
Medical treatment is the top priority in any car accident case. You should visit a doctor to check out your injuries, get treatment for them, and record the treatment to prove that you were injured. This will also help stay away from insurance companies who claim that you were not injured in the accident.
Depending on the severity of the injuries, you may require a visit to the emergency room. This is essential, especially in the case of serious injuries, such as head trauma or spinal damage that could lead to death. Your primary care physician (PCP) is a good option for treating minor injuries. PCPs are typically less likely to refuse treatment to car accident victims.
You can visit an urgent care facility if your PCP won't treat you. These clinics typically offer extended hours and will accept walk-ins. They are also more lenient in the way they bill for treatment associated with a car accident than many PCPs.
In some cases the doctor may refer you to a specialist who can perform surgery or help manage your health condition. This is an excellent way to speed up your treatment and increase the likelihood of receiving a fair amount. If a physician tries to get payment right away, tell them you are seeking treatment because of an accident. Tell them you'll pay the bill at a later date, based on the settlement you'll receive.
Contacting an attorney
It is vital to contact a car accident lawyer as soon as is possible after the accident. The sooner an attorney is hired to handle your case, they'll be able to gather more evidence to support your claim.
Your lawyer will first request access to your medical records as well as other documents related to the accident. This will help them paint an appealing image of your injuries and the impact your accident has had on your life.
Your lawyer will also look into the incident thoroughly. This could include visiting the scene in person talking to police and conducting interviews. It can also include consulting with experts like medical specialists or mechanics.
An attorney can assist you in understanding the process by which insurance companies determine the amount of financial compensation they offer to compensate you for your pain and suffering. It can be difficult to estimate a dollar amount on these damages that are not economic. This is especially true when the injuries aren't immediately apparent due to adrenaline, or can take days or weeks to manifest.
Additionally, your attorney will help you deal with the insurance of the driver who is at fault and property damage, as well as examinations or statements, preserving evidence as well as determining the liability, the calculation of damages, case evaluation and settlement valuation, maximizing the amount you receive from your settlement, reviewing legal and correspondence documents, and drafting releases. You will save time, money and anxiety by hiring an attorney to help you deal with the many difficult aspects of your car accident. A knowledgeable attorney will help prevent you from making the same mistakes that could hurt your claim.
Filing a Lawsuit
If negligence by another party caused a car crash that left you injured it's sensible to seek compensation to pay for medical bills and repair costs to your vehicle, lost income and emotional stress. If an insurance company does not provide a fair settlement, you can sue them in court to seek damages.
The filing of lawsuits is a process known as civil litigation, and the specific rules of states differ slightly. A typical lawsuit starts with the plaintiff submitting a complaint to court, and then handed over to the defendant. The complaint includes all the legal arguments the plaintiff is entitled to damages and lays out your compensation expectations.
Answers are documents that the defendant employs to respond to the plaintiffs' claims. The defendant denies or admits each allegation listed in the complaint and also identifies any legal defenses to the case.
The next step is the discovery process. During discovery, your attorney can request documents and information from the lawyer representing the defendant as well as witnesses through written questions referred as interrogatories and oral interviews called depositions. Depositions are a common method of obtaining witnesses to the crash, investigatory police officers, medical personnel who treated you for injuries and many more. The information that is gathered during discovery will help your attorney to build a solid case on your behalf in order to get an appropriate amount of compensation for your car accident injuries.