Every driver on the road has a duty to drive in a safe, responsible manner. Unfortunately, car accidents occur daily. With more people using cell phones and texting while driving, the risk of becoming seriously injured in a car accident is increasing.
The attorneys of Stone & Maya, P.C. have successfully recovered millions of dollars in damages for our car accident clients. It is important to remember that your case begins the moment your accident takes place. What you do and say at the scene of the accident may impact your case in the future.
- Call the police and report the accident immediately. The police coming to the scene documents the accident. Tell the officer what happened and explain how the accident occurred. If you know of any witnesses to the accident, tell the officer so he can interview them.
- Photograph the vehicles and the scene. Always be safe and if you need to move your vehicle out of the way of traffic, you should do so. However, if you are able to and as soon as possible, take photographs of your vehicle, the car that you hit you and the scene. Documenting as much as possible in real time will be extremely beneficial for your case in the future.
- Seek medical attention. Your health and the health of your passengers, are the most important consideration. If anyone in your vehicle requires medical attention, request an ambulance from the officer or call one yourself.
- Before you leave the scene, make sure you have the identity, vehicle and insurance information of the car that hit you.
Remember that the insurance company’s loyalty is to their insured, not you. Do not give a recorded statement without first speaking to an attorney representing your interests. If you believe you have a case, contact our attorneys immediately.
At Stone & Maya, P.C., we bring years of experience in handling car accident cases. Although the individual facts and circumstances of every case is unique, most cases share a general anatomy and timeline.
- Accident occurs. Call the police and report the accident. Photograph the scene and vehicles. Obtain the defendant’s identity, contact and insurance information. Obtain immediate medical treatment.
- You should hire an attorney as soon as possible. Do not provide a recorded statement without first speaking to your own attorney.
- Once hired, your attorney will speak to the insurance company on your behalf and establish the claim. Your attorney will also perform his investigation, including interviewing witnesses on your behalf.
- Follow the instructions and advice of your medical providers and complete your medical treatment.
- Once your treatment is completed, settlement negotiations can occur. If successful, your case will settle and litigation will not be necessary.
- If your case cannot be settled, your attorneys will file your Complaint at Law against the defendant. Our attorneys will provide you with a copy of your Complaint for your records.
- Once the defendant has been served and answered the Complaint, discovery will take place on your case.
- Discovery consists of two parts, first being written questions and documents. These documents include of the evidence that you collected right after your accident occurred.
- The second half of discovery involves your deposition. A deposition is the defendant’s opportunity to ask you questions about the case and determine your credibility. It can also be used at trial, if the case proceeds to that point.
- Following the conclusion of depositions, it is not uncommon for the defense to file a Motion to Dismiss, or similar motion. The grounds for this type of motion can differ, but the goal of the defendant in bringing is always the same: to dismiss your case before trial. Our firm has successfully defended against and defeated numerous Motions to Dismiss over the years.
- After the defendant’s motion is defeated, many cases become eligible for settlement negotiations. If your case can be settled at this point, no trial is necessary.
- If settlement negotiations are not successful, our attorneys continue to prepare your case for trial. This includes obtaining the trial testimony of experts, witnesses and your doctors.
- Your case proceeds to trial.
- Following trial, there may be post-trial motions and appeals.
Contact the attorneys of Stone & Maya, P.C., for a free consultation to discuss your car accident case today.