The Intake Process for Car Accident Litigation

A lawyer that specializes in car guttenberg auto accident lawyer litigation can help you determine how solid your case is and also how much your settlement could be worth. This is only possible when all the information you require is available.

Discovery is the very first step of a car accident case. In this phase, attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is a large aspect of the investigation in an accident. This can include evidence like medical records, photos, or witness statements. In general, the more evidence you can provide to support your claim, the more convincing your claim will be.

The first piece of evidence that you must have is a police report. Typically the police officer that arrives at the scene of the crash will prepare reports, and these will contain important information about how the minooka auto accident lawsuit occurred and who was at fault for the incident.

If required your lawyer has the option of using the police report to gather additional evidence. If the incident occurred at an office for instance an employee could have recorded video footage. If this is the case a copy of the tape must be requested from the company as soon as it is possible.

Note any costs you have incurred as a result of the accident. Document all expenses you have incurred as a result of. This can include medical bills or records of treatment, receipts from medication rental car fees as well as in-home assistance or care expenses for transportation, and more. It is important to record any income loss due to your injury. This could include old pay slips and tax returns.

If you can, get the names of any witnesses to the accident as well. They can be valuable sources of information for your case, especially if they are able to testify at trial. It is important to remember that witnesses may alter their stories over time and they may forget details about the incident.

Intake and Investigation

If you have filed a claim with an insurance company or are starting an action against the at-fault driver, the initial intake process is essential for obtaining the fair and complete compensation you deserve for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports, as well as other evidence. They will also visit and document the accident scene.

This information will enable them to understand the extent of the injuries you've sustained, both in terms current and projected costs for your physical or emotional suffering. Then, they will look at your financial losses to estimate the value of your case. The damages could not be limited to only future and ongoing medical expenses, but also your lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence. They will also gather driving and cell phone records of the drivers who were at fault to determine how they operated their vehicle during the time. This is particularly important if there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was on the clock.

As part of the discovery process, your lawyer will also ask about the defendant's traffic and criminal record of offenses. These facts are usually not admissible, but can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After obtaining the medical records then your lawyer will begin settlement negotiations. Initially the insurance company may make an offer that is usually substantially lower than the amount you requested in your letter. This is a tactic to see how strong your case is. In the counteroffer, it's important to highlight the strongest arguments in your favor, for instance, that the insured was fully at the fault, and that you suffered severe injuries with the highest medical costs. Negotiating back and forth will eventually lead to a fair and reasonable amount.

An experienced attorney will effectively argue the merits of your claim including presenting evidence supporting your losses. This could include photos of vehicle damage, police reports and witness testimony. We also know how to determine the value of various components of your claim, such as lost income and suffering and pain.

If, at this point, the insurance company continues to refuse to offer a reasonable amount, we may choose to file a lawsuit in court. A trial usually lasts between one and two days, and is conducted by a judge or a jury. If your case is settled before this point it can take a few months. Your attorney might also be able to file a summary motion to enter judgment. This involves arguing that all evidence is in your favor and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of car redondo beach auto accident lawsuit cases, the parties can settle their dispute without going to court. Our team will help you negotiate a settlement with the insurance company or directly with the person at fault. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The complaint contains your claims and allegations regarding the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a specific period of time to respond.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, focusing on the circumstances under which they believe the crash happened and what injuries you have suffered. We will also seek experts to back our position.

During the discovery stage, your lawyer will file legal documents known as motions with the court to be ruled on by an individual judge. This could include asking the judge to exclude evidence or to schedule a trial. It can take up to an entire year for the discovery process to be completed and a trial date to be set. This is why it's vital to consult with a seasoned Long Island car accident attorney early in the process.