Expert Advice On Auto Accident Claim From An Older Five-Year-Old

The Intake Process for Car Accident Litigation

A lawyer that specializes in the area of car accident litigation will assist you in determining how strong your case is and also how much your settlement could be worth. This is only possible when all the information you require is available.

The first step in a lawsuit involving a car accident is called discovery. During this phase attorneys and their teams discuss documents and answer questions under oath.

Documentation

Documentation is a major part of the work in an auto accidents accident. This can include evidence like medical records, photos, or witness statements. The more evidence you have, the more convincing your case.

A law enforcement report is the very first document you should have. Typically the police officer that arrives at the scene of the accident will draft a report, and this will give important details about how the accident occurred and who was at fault for the incident.

Your attorney may also make use of a law enforcement report to seek additional evidence if required. If the accident happened in 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 business as quickly as possible.

Note any costs you have incurred due to the accident. This can include medical bills, records of your treatment, medication receipts rental car costs and in-home care or assistance transport costs, and many more. Additionally, you must document any lost income as a result of your injury. This can include old pay slips and tax returns.

You should also obtain the names of witnesses. These people may be able to give valuable information, especially if can get them to testify in court. However, it is important to remember that witnesses are prone to altering their testimony over time and could forget specific details about the incident.

Intake and Investigation

The process of intake is crucial to obtaining fair settlement for your accident-related injuries regardless of whether you've made an insurance claim or you are suing the person at fault. Your attorney will start by reviewing your medical treatment records, obtaining copies of accident reports and other available evidence. They will also visit and document the accident scene.

This information will enable them to understand the extent of injuries you have suffered in relation to future and current costs for your physical or emotional suffering. They will then review your current and future financial losses to estimate the value of your case. Your damages can comprise not only your current and future medical expenses but also income loss and property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also obtain the driver at fault's driving and phone records to determine how they used their vehicle at the time of the accident. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was on the job, as this could affect their ability to cover your damages.

As part of the discovery procedure Your lawyer will inquire about the defendant's criminal and traffic record of offenses. Generally speaking, these facts are not admissible in court, however they could be helpful to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After obtaining the medical records, your lawyer can begin settlement negotiations. In the beginning, the insurance company may make an offer that's usually significantly lower than the amount you requested in your letter. This is a strategy to determine how strong your argument is. In the counteroffer, you must be crucial to highlight the most powerful arguments you have in your favor - for instance, that the insured was at the fault, and that you suffered serious injuries that resulted in the highest medical costs. In the end, a lot of the back and forth negotiation should get you to an amount that is both reasonable and fair.

An experienced accident lawyer can effectively argue for the merits of your claim including presenting evidence to support your losses. This could include photos of the car's damage or a police report, as well as witness testimony. We know how to determine the various elements of your claim like lost income along with pain and suffering as well as a police report.

At this point, if the insurance company still refuses to offer a fair amount, we can decide to file a lawsuit in court. A trial typically lasts between one and two days and is heard either by an attorney or a jury. If your case settles before reaching this phase it could take months. Or, your lawyer may be in a position to file a motion for summary judgment. This involves arguing that all evidence is in your favor and arguing that it's impossible to allow the other side to prevail.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will outline your claims and allegations about the circumstances of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a specific amount of time to respond.

During the discovery phase, our lawyers will exchange documents and other information with the defendant, while asking questions via interrogatories or depositions. Our team will ask questions to the lawyer of the defendant regarding their interpretation of the events, focusing on what injuries you've suffered and how they believe it happened. We will also seek out expert opinions that enforce our position.

During the discovery process, your lawyer could submit legal documents known as motions to the court for a judge to rule on. This may include requesting the court to omit evidence or set a trial date. It could take a year or more to complete the discovery process and set an appointment date for your case. It's crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point in the process.