10 Tell-Tale Signals You Should Know To Find A New Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer with experience in defending car accident cases can help you determine the worth of your case and the amount of settlement you could get. However it is only possible when you have all the relevant information.
Discovery is the initial step of a car accident case. In this stage, attorneys and their teams will discuss documents and answer questions under an oath.
Documentation
A large portion of the work involved in a car crash case is collecting evidence. This could include evidence such photographs, medical records or witness statements. In general, the more evidence you can provide to support your claim the stronger your case will be.
A police report is the primary document you should have. The police officer who arrives at the scene of the accident will typically prepare a report. It will give valuable details about the accident and who was responsible for it.
If necessary your lawyer has the option of using the police report to gather additional evidence. If the auto accident occurred in the workplace, for example an employee might have recorded video footage. If this is the case the tape should be requested from the company as soon as is possible.
Document any expenses you incurred in the aftermath of the auto accident lawsuit. Document all expenses you have incurred as a result of. These could include medical bills and records for your treatment, receipts for medicines rental car expenses, in-home care or assistance transport costs, and many more. It is also important to document the loss of income due to your injury. This can include old pay stubs and tax returns.
If you can, collect the names of any witnesses to the incident as well. They could be valuable sources of information for your case, especially in the event that they are able to be present at trial. But, it's important to keep in mind that witnesses may alter their accounts over time, and could forget specific details about the accident.
Intake and Investigation
The intake process is critical to receiving fair settlement for your accident-related injuries, whether you have filed an insurance claim or you are suing the person at fault. Your attorney will begin by looking over 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 will help them to determine the severity of the harm you've suffered in relation to cost and projections for your physical or emotional suffering. Then, they'll review your current and future financial losses in order to estimate the value of your case. The damages could not be limited to only future and current medical expenses, but also loss of income and property damage.
Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any evidence. They will also obtain data from the cell phone and driving records of the driver at fault in order to determine how they used their vehicle at that time. This is particularly important when there was a collision involving an Uber or Lyft vehicle or any other indication that the driver worked while on the clock.
As part of the process of discovery Your lawyer will ask about the defendant's traffic and criminal conviction records. These details are generally not admissible in court, however they could be helpful to discredit the credibility of the defendant in cross-examination.
Negotiating a Settlement
After obtaining the medical records after which your lawyer can start settlement negotiations. The insurance company will typically make an initial offer that is smaller than the amount that you demanded in your letter. This is a way to test the credibility of your argument. In the counteroffer it is crucial to highlight the most powerful points in your favor - for example, that the insured was entirely at the fault, and that you suffered serious injuries that resulted in the highest medical costs. The process of negotiating back and forth should eventually result in a fair and reasonable amount.
A skilled accident lawyer can successfully argue your claim's merits including presenting evidence to back your losses. This could include photos of the car damage as well as a police report and witness testimony. We know how to calculate various elements of your claim like loss of income or pain and suffering, as well as police reports.
If the insurance company is unwilling to pay an appropriate amount at the moment, we can file a lawsuit. A trial typically lasts between one and two days. It can be heard by a judge (called a bench trial) or by jurors. If your case is settled prior to this stage it could take a few months. Your attorney may 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 other side to win.
Filing a Lawsuit
In the majority of cases involving car accidents the parties can resolve their disagreement outside of court. Our team will assist you in negotiating a settlement with the other driver's insurance company or directly with the at-fault party. However, if an agreement is not reached Our lawyers will initiate a lawsuit against the defendant. The Complaint will list your claims and allegations about the circumstances of the crash and 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 attorneys will discuss documents and other information with the defendant and ask questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as what they believe happened, how they believe it occurred and what injuries you have suffered. We will also solicit expert opinions that will support our stance.
During the process of discovery, your lawyer could submit legal documents, also known as motions to the court for a judge to decide on. These could include requests to the court to exclude certain evidence or to set a trial date. It can take up to one year for the investigation process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.