The Intake Process for Car Accident Litigation
A lawyer who is specialized in the field of car accident litigation can help you determine how solid your case is and also how the settlement may be worth. This is only possible if all the information you require is available.
The initial step in a car accident lawsuit is called discovery. In this phase, attorneys and their teams exchange documents and ask each other questions under oath.
Documentation
Documentation is a significant component of the event of a car crash. This can include evidence such as photographs, medical records or witness statements. The more evidence you have the more convincing your case will be.
A law enforcement report is the primary document you should have. Typically the police officer that arrives at the scene of the accident will draft the report, and it will contain important information about the circumstances of the crash and who was at fault for the incident.
If needed your lawyer has the option of using an investigation report to collect additional evidence. If the incident occurred in a place of business for instance, an employee may have recorded video footage. If this is the case, the tape should be requested from the business as soon as it is possible.
You should also record the expenses you incur in the aftermath of the accident. This can include medical bills and records for
Auto Accident Attorney your treatment, receipts for
auto accident attorney medications rental car costs, in-home care or assistance as well as transportation costs and much more. In addition, you should keep track of any income loss due to your accident. You can utilize old tax returns and pay stubs.
If you can, collect the names of witnesses to the incident as well. They might be able to provide important information, especially if can convince them to give evidence in court. But, it's important to keep in mind that witnesses may alter their testimony over time and may forget details of the incident.
Intake and Investigation
The process of intake is crucial to receiving fair compensation for your injuries sustained in an accident regardless of whether you've made an insurance claim or are suing the at-fault party. Your lawyer will begin by examining your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the
auto accident law firm to take note of what they can.
This information will assist them know the extent of your injuries as well as the current and projected future costs for your emotional and physical suffering. Then, they will look at your financial losses to determine the value of your case. The damages could include not only current and future medical expenses, but also loss of income and property damage.
Your lawyer will also conduct an investigation and interview witnesses and analyzing the available evidence. They will also obtain the driver who was at fault and their driving cell phone records to see what they were doing with their vehicle at the time of the collision. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, as this could affect their ability to cover your damages.
As part of the process of discovery Your lawyer will ask about the defendant's criminal and traffic offence records. In general, these information are not admissible in court, but they could be helpful to undermine the credibility of a defendant during cross-examination.
The process of negotiating a settlement
Once you have received the medical records, you can begin negotiations for settlement. Initially the insurance company will present an offer that's usually substantially lower than the amount you request in the letter. This is a method to test the credibility of your argument. In your counteroffer, it is important to highlight the strongest arguments in your favor. For example, the insurer was in the wrong and that there were serious injuries and high medical costs. Negotiating back and forth should eventually lead to a fair and reasonable amount.
A skilled lawyer for accidents can effectively argue your claim's merits, including presenting evidence to back your losses. This could include photos of the damage to your vehicle along with a police report as well as witness testimony. We know how to calculate the various components of your claim, such as lost income or pain and suffering, as well as police report.
If the insurance company refuses to pay a reasonable amount at this point, we can file a lawsuit. A trial usually lasts up to two days and can be heard by a judge (called a bench trial) or by jurors. If your case settles prior to reaching this phase the process could last months. Or, your lawyer may be able to file a motion for summary judgment. This means presenting all of the evidence to your advantage and arguing that it is impossible for the other side to win.
Filing a Lawsuit
In the majority of car
auto accident attorneys cases parties can resolve their disputes outside of court. Our team will work to assist you in negotiating an agreement with the insurance company of the other driver company, or directly with the at-fault party. If an agreement is not reached, our lawyers will start an action against the defendant. The Complaint will detail your claims and allegations about how the accident occurred and the reason you should be compensated. The defendant is served the Complaint, and given a specific period of time to reply.
During the discovery phase, our lawyers will exchange documents and other evidence with the defendant while asking questions via interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, including how they believe the crash occurred and what injuries you've suffered. We will also seek out expert opinions to support our position.
During the discovery phase, your lawyer may file legal documents called motions to the court to a judge's decision on. This could mean asking the judge to exclude evidence or set a trial date. It could take up to one year for the investigation process to be completed and a trial date scheduled. It is crucial to talk with an experienced Long Island
auto accident attorney early in the process.