It s Enough 15 Things About Auto Accident Claim We re Overheard

The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can help you determine how solid your case is as well as how much your settlement could be worth. But, this is only possible if you have all the relevant information.

Discovery is the first stage of a car accident case. In this phase, attorneys and their teams will communicate with each other and ask questions under the oath.

Documentation

Documentation is a large component of an auto accident law firm accident. This can include evidence such as photos, medical records, or witness statements. In general, the more evidence you have to back your claim, the stronger your case will be.

The first piece of documentation you should have is a police report. The police officer who arrives at the scene of the accident will usually prepare a report. It will provide important information regarding the accident as well as who was responsible for it.

Your lawyer may also utilize a law enforcement report to gather additional evidence, if needed. For example, if the incident occurred in a business where employees were present, the location might have recorded footage of the incident. If this is the case, request a copy of the video from the business.

You should also keep track of any expenses you incurred as a result of the accident. This could include medical bills as well as records of your treatment, receipts for medication rental car expenses for in-home assistance, care at home, transportation costs and more. In addition, you should document any lost income because of your auto accident attorney. This could include old pay stubs, as well as tax returns.

If you can, get the names of any witnesses to the accident as well. These witnesses can be important sources of information in your case, particularly in the event that they are able to give evidence at trial. But, it's important to keep in mind that witnesses are prone to altering their accounts over time, and may forget details of the incident.

Intake and Investigation

The intake process is essential to obtaining an adequate amount of 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 begin by examining your medical records, as well as obtaining copies accident reports and other evidence. They will also visit and document the accident scene.

This information will enable them to assess the severity of the harm you've suffered in relation to cost and projections for your emotional or physical suffering. They will then look over your existing and expected financial losses to estimate the total 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 interviewing witnesses and analyzing any evidence. They will also gather the driver who was at fault and their driving cell phone records to see what they were doing with their vehicle at the time of the crash. This is particularly important if there was a collision involving an Uber or Lyft car or any other evidence that suggests the driver was on the clock.

In addition to this your attorney may inquire about the defendant's previous criminal and traffic offense history in the discovery process. Generally speaking, these facts are not admissible in court, however they could be helpful to undermine the credibility of a defendant during cross examination.

Negotiating a Settlement

After you have obtained the medical records, your lawyer can begin negotiations to settle the matter. The insurance company may make an initial offer that is much smaller than the amount that you requested in your letter. This is a method to test how convincing your case. In your counteroffer, it's crucial to highlight the most powerful arguments to your advantage. For instance, you could argue the insurer was in the wrong and that there were serious injuries and significant medical expenses. Eventually, back and forth bargaining will lead to an amount that is both reasonable and fair.

A skilled attorney for accidents can effectively argue the benefits of your claim, including presenting evidence supporting your losses. This could include photos of vehicle damage, police reports and witness testimony. We also know how to determine the value of various elements of your claim, such as lost income and suffering and pain.

If the insurance company refuses to pay an acceptable amount at this point, we may file a lawsuit. A trial typically lasts between one and two days, and is heard either by a judge or a jury. If your case is settled before this stage it could take a few months. Or, your lawyer may be in a position to file a motion for summary judge. This is a way of claiming that all evidence is in your favour, and arguing that it's impossible to allow the opposing side to win.

Filing a Lawsuit

In a majority of cases involving car accidents, the parties are able to settle their dispute out of court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company or directly with the at-fault party. If an agreement is not reached, our lawyers will file an action against the defendant. The Complaint will outline your claims and details about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a specified time frame to respond.

During the discovery phase, our attorneys will share documents and other evidence with the defendant while asking questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions about their version of the events, including how they believe the crash occurred and the injuries you've sustained. We will also solicit expert opinions that will support our stance.

During the discovery process your lawyer can make legal motions to the court for a judge to decide on. This may include requests for the court to omit certain evidence, or to set a trial date. It could take a full year or more to complete the discovery process and set a trial date for your case. This is the reason it's essential to work with an experienced Long Island car accident attorney early in the process.