24 Hours To Improve Auto Accident Claim
The Intake Process for Car Accident Litigation
An experienced lawyer in the field of car accident litigation can help you determine the worth of your case and 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 exchange documents and discuss their respective cases under the oath.
Documentation
The majority of the work involved in a car wreck case is collecting evidence. This can include evidence such as photos, medical records, or witness statements. Generally, the more documentation you have to back your claim the more convincing your claim will be.
A police report is the very first document you should have. Typically, the police officer who arrives at the scene of the accident will prepare the report, and it will contain important information about what happened and who was at fault for the incident.
Your attorney may also make use of the report of a law enforcement officer to gather additional evidence, if needed. For example, if the accident happened in a business the employee who worked at that site might have recorded video footage of the incident. If that's the case, the tape must be requested from the business as quickly as it is possible.
You should also document the expenses you incur in the aftermath of the accident. This can include medical bills, records of your treatment, receipts for medication rental car costs, in-home assistance or care expenses for transportation, and more. Also, you should document the loss of income due to your accident. You can use tax returns and pay stubs.
You should also try to find the names of witnesses. They can be important sources of information in your case, particularly those who are able to give evidence at trial. It is important to keep in mind that witnesses can change their testimony over time and could forget specific details about the incident.
Intake and Investigation
The process of intake is vital to obtaining an adequate amount of compensation for your injuries from an accident regardless of whether you've filed an insurance claim or are suing the at-fault party. Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports, as well as other evidence. They will also go to and document the accident scene.
This will help them to determine the severity of the injuries you've sustained in terms of future and current costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to determine the value of your case. The damages you incur could include not just your current and future medical expenses but also income loss and property damage.
Your lawyer will also investigate and interview witnesses and analyzing all the available evidence. They will also take the driver who was at fault and their driving phone records to determine how they used their vehicle at the time of the collision. This is particularly important if there was a collision involving an Uber or Lyft car or any other indication that the driver worked while on the clock.
As part of the discovery procedure the lawyer will ask about the defendant's criminal and traffic offense records. In general, these information are not admissible in court, but they can be useful to undermine the credibility of a defendant in cross-examination.
Negotiating a Settlement
Once you have received the medical records, it is possible to start settlement negotiations. The insurance company will typically make an initial offer that is less than what you requested in your letter. This is a tactic to assess how strong your argument is. When you counteroffer, it's essential to highlight the most compelling points that you have in your favor. For instance, you can say the insurer was responsible and that there were serious injuries as well as expensive medical expenses. Negotiating back and forth should eventually lead to an equitable and reasonable amount.
A skilled attorney for auto accidents can effectively argue for the merits of your claim by presenting evidence to prove your losses. This could include photographs of the car damage or a police report, as well as witness testimony. We also know how to calculate the value of each element of your claim, including lost income and pain and suffering.
At this point, if the insurance company continues to refuse to offer a fair amount, we can decide to start a lawsuit in the courtroom. A trial typically lasts about two or three days and is supervised by an individual judge (called a bench trial) or by a jury. If your case settles prior to this phase, it can take several months. Alternatively, your attorney may be in a position to file a motion for summary judgment. This means claiming that all evidence is in your favor, and arguing that it's impossible for the opposition to prevail.
Filing an action
In the majority of car accident cases, the parties can resolve their disputes without the need for court. Our team will work to help you negotiate a settlement with the other driver's insurance company or directly with the at-fault party. If no agreement can be reached, our lawyers will file a lawsuit against the defendant. The Complaint will include your claims and allegations about the circumstances of the crash and the reason you should be compensated. The defendant is served the Complaint and given a set amount of time to answer.
The discovery stage is when our lawyers and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, including what they believe happened during the crash, as well as how they think it took place and what injuries you've suffered. We will also search for expert opinions to support our assertions.
During the discovery phase, your lawyer can file legal documents known as motions with the court for the decision of the judge. This may include requests for the court to exclude certain evidence or to set the date for a trial. It can take up to one year for the investigation process to be completed and a trial date to be set. It is essential to speak with an experienced Long Island auto accident attorney as early as you can during the process.