The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can help you determine the strength of your case is, and how much your settlement could be worth. But it is only possible with all the information needed.

Discovery is the initial step of an auto accident case. In this phase, attorneys and their teams communicate with each other and ask questions under the oath.

Documentation

The majority of the work involved in a car wreck case is obtaining documentation. This may include evidence such as photographs, medical records, or witness statements. The more documentation that you have the more convincing your case.

A police report is the very first document you should have. The police officer who arrives at the accident scene is likely to prepare a written report. This will provide valuable details about the incident and the person responsible for it.

If necessary your attorney has to use a police report to gather additional evidence. For instance, if an accident happened in a business where employees were present, the site might have recorded video footage of the incident. If this is the case, you must request a copy from the company.

Record any expenses you have incurred as a result of the accident. These could include medical bills or records of treatment, receipts for medication, rental car charges for in-home assistance, care at home expenses for transportation, and more. Additionally, you must note any income loss due to your accident. You can use your old tax returns and pay stubs.

It is also advisable to get the names of witnesses. They may be able provide valuable details, especially if are able to get them to testify in court. However, it's important to remember that witnesses can alter their accounts over time, and they may forget details about the accident.

Intake and Investigation

The intake process is essential to getting an adequate amount of settlement for your accident-related injuries, whether you have filed a claim with an insurance company or are suing the responsible party. Your attorney will start by looking over your medical treatment records, obtaining copies of accident reports as well as other evidence. They will also visit the site of the accident to document and observe what they can.

This information will allow them to understand the extent of the injuries you've suffered, both in terms actual and projected costs for your emotional or physical suffering. Then, they'll review your current and future financial losses to determine the value of your case. Your damages can include not just your current and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also obtain the driver at fault's driving and phone records to determine what they were doing with 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 was working on the clock.

As part of the discovery process Your lawyer will inquire about the defendant's traffic and criminal conviction records. These details are generally not admissible in court, however they could be helpful to undermine the credibility of the defendant during cross examination.

The process of negotiating a settlement

After you've obtained the medical documents after which your lawyer can start negotiations to settle the matter. The insurance company may make an initial offer that is much smaller than the amount that you demanded in your letter. This is a method to test how convincing your case is. In your counteroffer, it is crucial to highlight the most powerful points you have to your advantage. For instance, if you claim that the insurer was responsible and that there were severe injuries and significant medical expenses. In the end, a lot of back and forth bargaining should result in an amount that is fair and reasonable.

An experienced attorney can effectively argue for the merits of your claim, by presenting evidence to prove your losses. This could include photos of car damage, police reports, and witness testimony. We also know how to calculate the value of each element of your claim, including lost income and pain and suffering.

If, at this point, the insurance company is still refusing to offer a reasonable amount, we have the option to bring a lawsuit to court. A trial typically lasts between one and two days, and is judged by a judge or a jury. If your case is settled before this stage it can take a few months. Your attorney may be capable of filing an application for summary judgment. This involves asserting that all evidence is in your favor and arguing that it's impossible to allow the other side to prevail.

Filing an action

In the majority of car accident instances, parties can settle their dispute without going to court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint will outline your claims and allegations regarding the cause of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain period of time to reply.

The discovery stage is when our attorneys and the defendant begin to exchange documents and other evidence in exchange for questions through interrogatories or depositions. Our team will inquire to the lawyer of the defendant regarding their interpretation of the events, including what damages you've suffered and what they believe happened. happened. We will also look for experts to back our assertions.

During the discovery phase, your lawyer may file legal documents known as motions in court for the decision of the judge. This could include asking the court to block evidence or schedule a trial. It can take as long as one year for the investigation process to be completed and a trial date set. It is essential to speak with an experienced Long Island auto accident lawyer accident attorney (https://www.webthemes.ca/10-tell-Tale-signs-you-must-see-to-find-a-new-Auto-accident-Claim/) as early as possible in the process.