10 Tell-Tale Signals You Should Know To Buy A Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer who is experienced in litigation involving car accidents can help you determine the worth of your case and the amount of settlement you could get. This is only possible if all the information you need is available.

Discovery is the very first step of an auto accident law firm accident case. During this stage attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

A lot of the work involved in a car accident case is collecting documentation. This could include evidence such photos, medical records or witness statements. In general, the more evidence you have to back your claim the stronger your case will be.

The first piece of documentation that you must have is a law enforcement report. Typically the police officer who comes to the scene of the accident will draft reports, and these will contain important information about how the accident occurred and who was responsible for the incident.

If needed your lawyer has the option of using an investigation report to collect additional evidence. If the incident occurred at the business environment such as a place of business an employee could have recorded video footage. If this is the case the tape should be requested from the company as soon as is possible.

You should also document the costs you have incurred in the aftermath of the accident. This could include medical expenses or records of treatment, receipts from medication rental car expenses for in-home assistance, care at home, transportation costs and more. Additionally, you must record any income loss as a result of your accident. This can include old pay slips and tax returns.

It is also advisable to find the names of witnesses. They may be able provide valuable information, particularly if you can get them to testify in court. But, it's important to remember that witnesses are prone to altering their stories over time and may forget details of the incident.

Intake and Investigation

The process of intake is crucial to receiving an adequate amount of settlement for your accident-related injuries, whether you have filed an insurance claim or are suing the responsible party. Your attorney will begin by looking over your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also go to and document the scene of the accident.

This will help them to comprehend the extent of the harm you've suffered in terms of cost and projections for your emotional or physical suffering. They will then review your existing and expected financial losses to determine the total value of your case. The damages you suffer could include not just future and present medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and reviewing any available evidence. They will also obtain the driver at fault's driving records and phone records to determine how they used their vehicle at the time of the accident. This is particularly important if there was a collision involving an Uber or Lyft vehicle, or any other indication that the driver was on the clock.

In addition to this, your attorney will likely ask questions about the defendant's previous criminal and traffic-related offenses as part of the discovery process. Generally, these details are not admissible in court but they can be useful to impeach the defendant's credibility during cross-examination.

Negotiating a Settlement

Once you have the medical records, it is possible to begin negotiations for settlement. The insurance company is likely to make an initial offer that is much smaller than the amount that you requested in your letter. This is a method to test the strength of your argument. In your counteroffer, it is crucial to emphasize the most important arguments you have to your advantage. For instance, you could argue the insurer was in the wrong and that there were severe injuries as well as significant medical expenses. Then, bargaining back and forth will lead to an amount that is fair and reasonable.

An experienced accident lawyer can successfully argue your claim's merits including presenting evidence to back your losses. This could include photos of the car damage, a police report and witness testimony. We also know how to calculate the value of different elements of your claim, such as loss of income, suffering and pain.

If at this point the insurance company still refuses to provide a reasonable amount, we may choose to start a lawsuit in the courtroom. A trial usually lasts for between one and two days. It is usually ruled by a judge (called a bench trial) or jurors. If your case settles prior to reaching this phase the process could take months. Your attorney may also be able to file a summary motion for judgment. This involves asserting that all evidence is in your favor, and arguing it's impossible for the other side to prevail.

Filing an action

In the majority of car accident cases, the parties can resolve their disputes without going to court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. If no agreement is reached, our lawyers will file a suit against the defendant. The Complaint will list your claims and details about the circumstances of the crash and why you are entitled to compensation. The defendant is served the Complaint, and given a specific amount of time to answer.

During the discovery phase, our lawyers will share documents and other evidence with the defendant and ask questions through interrogatories and depositions. Our team will ask the defendant's attorney questions about their view of events, including the circumstances under which they believe the crash occurred and what injuries you've sustained. We will also seek out expert opinions that will support our stance.

During the discovery phase, your lawyer could prepare legal documents referred to as motions with the court to be decided by a judge. This can include requesting the court to exclude evidence or schedule a trial. It could take up to 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 auto accident attorneys attorney at the beginning of the process.