10 Things That Your Family Taught You About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer who is experienced in the field of car accident litigation will be able to assist you determine the strengths of your case as well as what settlement amount you might receive. This is only possible when all the information you require is available.

Discovery is the first step of a car accident case. During this phase attorneys and their teams will discuss documents and answer questions under oath.

Documentation

Documentation is a large part of the work in the event of a car crash. This could include evidence like medical records, photos, or witness statements. The more evidence you have the better your case will be.

The first piece of evidence you should have is a law enforcement report. Typically the police officer that comes to the scene of the accident will draft a report, and this will provide important information about what happened and who was at fault for the incident.

If required your attorney has to use a police report to gather additional evidence. For instance, if an incident took place in a commercial where employees were present, the site might have recorded footage of the incident. If this is the case, the tape must be requested from the business as quickly as it is possible.

It is also important to document any expenses you incurred due to the accident. This can include medical bills and records of your treatment, receipts from medications rental car expenses as well as in-home assistance or care transport costs, and many more. In addition, you should keep track of any income loss as a result of your accident. You can use your old tax returns and pay stubs.

It is also advisable to get the names of witnesses. These witnesses can be important sources of information in your case, especially in the event that they are able to testify at trial. However, it's important to remember that witnesses can change their testimony over time and forget details of the accident.

Intake and Investigation

Whether you have filed an insurance claim with an company or are starting legal action against a negligent driver, the initial intake process is essential to receive the fair and complete compensation you deserve for the accident injuries. Your lawyer will begin by looking over your medical records, as well as obtaining copies of accident reports as well as other evidence. They will also visit and document the scene of the auto accident lawyers.

This will help them to determine the severity of the injuries you've sustained in terms of actual and projected costs for your emotional or physical suffering. Then, they'll review your financial losses to determine the worth of your case. The damages could include not only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also collect driving and cell phone records of the drivers at fault to determine how they operated their vehicle at that time. This is particularly important if there was a collision that involved an Uber or Lyft vehicle, or any other indication that the driver worked while on the clock.

As part of the discovery procedure, your lawyer will also ask about the defendant's criminal and traffic offence records. These details are generally not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you can begin negotiations for settlement. Initially, the insurance company will present an offer that is usually much lower than what you demand in the letter. This is a way to test how convincing your argument is. In the counteroffer, it is crucial to highlight the most powerful arguments you have in your favor - for example, that the insured was fully at fault and that you suffered severe injuries with significant medical expenses. In the end, negotiations back and forth will result in an amount that is both fair and reasonable.

An experienced attorney can effectively argue for the merits of your claim including presenting evidence supporting your losses. This may include photos of the car's damage along with a police report as well as witness testimony. We have the ability to calculate the various components of your claim like loss of income as well as pain and suffering, and police report.

If, at this point, the insurance company refuses to provide a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial usually lasts up to two days and is supervised by a judge (called a bench trial) or a jury. If your case settles before this stage, it can take several months. Your lawyer may also be able file a summary motion for judgment. This involves asserting all of the evidence in your favor and arguing that it is impossible for the other side to win.

Filing an action

In the majority of car auto accident attorneys cases parties can settle their dispute outside of court. Our team will help you negotiate an agreement with the other driver's insurance company or directly with the person at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint contains your claims and allegations about the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a specific amount of time to respond.

During the discovery phase, our attorneys will exchange documents and other evidence with the defendant and ask questions via interrogatories as well as depositions. Our team will pose questions to the lawyer for the defendant about their interpretation of the events, focusing on what damages you've suffered and how they believe it occurred. We will also search for experts to back our claims.

During the discovery phase, your lawyer could prepare legal documents referred to as motions to the court to be decided by an individual judge. This may include requests for the court to exclude certain evidence, or to set a trial date. It can take up to a year for the discovery process to be completed and a trial date scheduled. It's crucial to consult with an experienced Long Island auto accident attorney as early as you can in the process.