The Intake Process for Car Accident Litigation

An experienced lawyer in car accident litigation will be able to assist you determine the strength of your case and the amount of settlement you can receive. But it is only possible if you have all the information needed.

Discovery is the first stage of a car accident case. In this phase, attorneys and their teams communicate with each other and ask questions under an oath.

Documentation

Documentation is a large aspect of the investigation in a car accident. This could include evidence such as photographs, medical records or witness statements. The more evidence you have the more convincing your case will become.

The first piece of documentation you should have is a law enforcement report. The police officer who arrives at the scene of the accident will usually write a report. It will give valuable information about the accident and who was responsible for it.

If needed your lawyer has the option of using a police report to gather additional evidence. If the incident occurred in the workplace, for example an employee could have recorded video footage. If this is the case a copy of the tape must be requested from the business as soon as possible.

You should also document the expenses you incur due to the accident. These could include medical bills and records of your treatment, medication receipts rental car costs and in-home care or assistance as well as transportation costs. You should also document any income loss due to your injury. This could include old pay stubs as well as tax returns.

You should also find the names of witnesses. They may be able provide valuable information, especially if you are able to have them appear in court. It's important to keep in mind that witnesses may change their story and forget details about the ellensburg auto accident law firm over time.

Intake and Investigation

The process of intake is crucial to getting fair compensation for your injuries sustained in an accident regardless of whether you've made an insurance claim or you are suing the person at fault. Your attorney will start by looking over your medical treatment records, obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

This information will help them know the extent of your injuries, both in terms of future and anticipated costs for your emotional and physical suffering. They will then review your financial losses to determine the value of your case. Your damages can include not only your current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and reviewing any available evidence. They will also gather the at-fault driver's driving and cell phone records to see the way they used their vehicle at the time of the collision. This is especially important if there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver worked while on the clock.

As part of the discovery procedure the lawyer will ask about the defendant's criminal and traffic conviction records. These facts are usually not admissible but could be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have the medical records then your lawyer will begin negotiations for settlement. Initially the insurance company will offer an offer that is often much lower than what you requested in your letter. This is a way to assess the credibility of your argument. In the counteroffer it is crucial to emphasize the most important points in your favor - for example, that the insured was fully at the fault, and that you suffered serious injuries that resulted in significant medical expenses. The process of negotiating back and forth should eventually lead to an acceptable and reasonable amount.

A skilled attorney can effectively argue your claim's merits, by presenting evidence to justify your losses. This could include photos of car damage, police reports or witness testimony. We are able to calculate various aspects of your claim such as lost income or pain and suffering, as well as police report.

If the insurance company is unwilling to pay an acceptable amount at this point, we can start a lawsuit. A trial usually lasts between one and two days and is judged by a judge or a jury. If your case is settled before reaching this stage it could take months. In addition, your attorney might be capable of filing a motion for summary judge. This is where you present all 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 accident cases the parties are able to settle their dispute out of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party who was at fault. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a specified timeframe to respond.

The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other material and ask questions via interrogatories or depositions. Our team will inquire to the defendant's lawyer about their perspective on the events, focusing on what injuries you have suffered and the way they believe it happened. We will also request expert opinions to support our position.

During the discovery phase, your lawyer can submit legal documents known as motions to the court for a judge to decide on. This could mean asking the court to exclude evidence or set a trial date. It could take a full year or more to complete the discovery process and set the trial date for your case. It is essential to speak with an experienced Long Island donaldsonville Auto Accident attorney accident attorney as early as you can during the process.