The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car accident litigation will assist you in determining how strong your case is, and how much your settlement could be worth. This is only possible if all the information you need is available.

Discovery is the first step of an summerville auto Accident lawyer accident case. During this stage, attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

The majority of the work that goes into a car accident investigation is gathering evidence. This could include evidence such medical records, photos or witness statements. Generally, the more documentation you have to back your claim, the stronger your case will be.

A police report is the first piece of paper you need. The police officer who arrives at the harrington park auto accident law firm scene will typically prepare a report. It will provide important information regarding the accident as well as who was responsible for it.

Your attorney may also make use of the report of a law enforcement officer to obtain additional evidence, if needed. For example, if the incident occurred at a company or office, an employee working at the location may have recorded footage of the incident. If this is the case, you must request a copy of the video from the business.

Note any costs you have incurred because of the accident. Document any expenses you incurred due to. These could include medical bills and records for your treatment, receipts from medication rental car charges and in-home assistance or care, transportation costs, and many more. You should also document any income you lose due to your injury. You can use your old tax returns and pay stubs.

It is also advisable to get the names of witnesses. These people may be able to provide valuable information, especially if are able to have them be a witness in court. However, it is important to remember that witnesses can change their story over time and they may forget details about the accident.

Intake and Investigation

The process of intake is vital to obtaining fair compensation for your accident injuries, whether you have filed a claim with an insurance company or are suing the at-fault party. Your lawyer will begin by looking over your medical records, obtaining copies of accident reports, as well as other evidence. They will also go to and document the scene of the accident.

This information will allow them to know the extent of your injuries as well as the current and projected future costs for your emotional and physical suffering. They will then review your current and future financial losses in order to determine the worth of your case. The damages you incur could include not just your current and future medical costs but also lost income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing all available evidence. They will also take data from the cell phone and driving records of the driver at fault in order to determine how they operated their vehicle during the time. This is particularly important when there was a collision that involved an Uber or Lyft car or any other evidence that suggests the driver was working on the clock.

In addition your lawyer will also inquire regarding the defendant's prior criminal and traffic-related offenses as part of the discovery process. These information is generally not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After obtaining the medical records, your lawyer can begin negotiations on settlement. The insurance company will often make an initial offer that is much lower than the amount you requested in your letter. This is a way to assess the strength of your case. In the counteroffer, it is crucial to highlight the most powerful points in your favor - for example, that the insured was at fault and that you suffered serious injuries that resulted in the highest medical costs. Negotiating back and forth should eventually lead to an equitable and reasonable amount.

A skilled attorney can successfully argue for your claim's merits, including presenting proof to support your losses. This could include photos of vehicle damage, police reports and witness testimony. We are able to calculate the various components of your claim, including lost income, pain and suffering and police reports.

If at this point the insurance company continues to refuse to offer a fair amount, we can decide to file a lawsuit in court. A trial typically lasts between one and two days. It is usually ruled by a judge (called a bench trial) or by jurors. If your case is settled prior to reaching this stage the process could take months. Your attorney might also be able file a summary motion for judgment. This means claiming that all evidence is in your favor, and arguing that it's impossible for the opposition to win.

Filing an action

In the majority of car fruita auto accident lawsuit instances, parties can resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the person responsible for the accident. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will contain your claims and allegations about the accident, and explains why you are entitled to compensation. The defendant is served the Complaint, and given a set period of time to reply.

During the discovery phase, our lawyers will share documents and other evidence with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions about their version of the events, such as the circumstances under which they believe the crash took place and what injuries you've sustained. We will also seek expert opinions that enforce our position.

During the discovery phase, your lawyer can make legal motions to the court for a judge's ruling on. This could mean asking the court to block evidence or to schedule a trial. It can take up one year for the investigation process to be completed and a trial date established. This is why it's crucial to consult with a seasoned Long Island car accident attorney early on in the process.