9 Things Your Parents Teach You About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with expertise in car accident litigation can assist you in determining how strong your case is and also how the settlement may be worth. But this is only possible if you have all the relevant information.

The initial step in a car accident lawsuit is called discovery. In this stage, attorneys and their teams communicate with each other and ask questions under an oath.

Documentation

Documentation is a significant part of the work in an auto accident. This could include evidence such as photos, medical records, or witness statements. Generally speaking, the more evidence you can provide to support your claim, the stronger your argument will be.

The first piece of documentation that you must have is a report from the police. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will provide important information regarding the accident as well as who was responsible for it.

If needed you need to, your attorney can make use of an investigation report to collect additional evidence. If the accident occurred in the business environment such as a place of business an employee might have recorded video footage. If this is the situation, the tape should be requested from the business as soon as is possible.

Keep track of any expenses you incur as a result of the accident. This can include medical bills and records for your treatment, receipts for medications rental car costs as well as in-home care or assistance expenses for transportation, and much more. Additionally, you must note any income loss because of your injury. You can use your old tax returns and pay stubs.

If you are able to, request the names of any witnesses to the incident as well. They might be able to provide valuable information, especially if are able to get them to give evidence in court. It is important to remember that witnesses can alter their story and forget details about the incident over time.

Intake and Investigation

The process of intake is crucial to receiving fair compensation for your injuries sustained in an accident, whether you have filed an insurance claim or are suing the responsible party. Your attorney will start by looking over your medical treatment records, and obtaining copies of accident reports and other evidence. They will also go to the scene of the accident to observe and document what they can.

This will help them know the extent of your injuries as well as the future and anticipated costs for your emotional and physical suffering. Then, they will review your current and future financial losses to determine the value of your case. The damages could not be limited to just future and present medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also collect the driver at fault's driving and cell phone records to see how they used their vehicle at the time of the accident. This is particularly important when there was a collision involving an Uber or Lyft car or any other evidence that suggests the driver was working around the clock.

In addition to this, your attorney will likely inquire about the defendant's criminal and traffic convictions in the discovery process. Generally speaking, these facts are not admissible in court but they can be useful to impeach the defendant's credibility in cross-examination.

The process of negotiating a settlement

Once you have the medical records, your lawyer can begin negotiations for settlement. In the beginning the insurance company will make an offer that is often substantially lower than the amount you have requested in the letter. This is a way to determine the credibility of your argument. In your counteroffer, it is essential to highlight the most compelling arguments in your favor. For example, the insurer was at fault and that there were severe injuries and expensive medical expenses. Negotiating back and forth should eventually result in an equitable and reasonable amount.

An experienced accident lawyer can effectively argue your claim's merits, including presenting proof to support your losses. This could include photos of vehicle damages, police reports and witness testimony. We are able to calculate various aspects of your claim, such as loss of income along with pain and suffering as well as a police reports.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we could make a claim. A trial usually lasts for up to two days and can be heard by an individual judge (called a bench trial) or by jurors. If your case settles before this point it could take a few months. Alternatively, your attorney may be in a position to file a motion for summary judgment. This is where you present all the evidence in your favor and arguing that it's impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car accident cases parties can resolve their disputes without going to court. Our team will help you negotiate an agreement with the insurance company of the other driver company or directly with the at-fault party. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint contains your claims and allegations relating to the accident and the reasons why you are entitled to compensation. The defendant will be served with the Complaint and given a specified period of time to respond.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other materials in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of events, focusing on what they believe happened, how they believe it occurred and what injuries you have suffered. We will also seek out experts to back our assertions.

During the process of discovery, your lawyer may file legal documents called motions to the court for a judge to rule on. This may include requesting the judge to exclude evidence or set a trial date. It can take up to an entire year for the discovery process to be completed and a trial date established. It is essential to speak with an experienced Long Island auto accident lawsuits accident attorney as early as possible during the process.