The 10 Most Scariest Things About Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who is experienced in car accident litigation will be able to help you determine the strengths of your case as well as what settlement amount you might get. This is only possible when all the information you need is available.
The initial step in a lawsuit involving a car auto accident lawsuits is called discovery. In this phase, attorneys and their teams discuss documents and answer questions under the oath.
Documentation
A large portion of the work that goes into a car accident case is obtaining documentation. This can include evidence like photographs, medical records or witness statements. The more evidence you have, the more convincing your case.
The first document you should have is a police report. Typically the police officer that arrives at the scene of the crash will prepare an investigation report. This will give important details about what happened and who was at fault for the incident.
Your lawyer can also make use of the report of a law enforcement officer to pursue additional evidence in the event of need. If the incident occurred in the business environment, for example an employee could have recorded video footage. If that's the case, a copy of the tape should be requested from the business as quickly as is possible.
It is also important to document the costs you have incurred as a result of the accident. This can include medical bills and records of your treatment, receipts for medicines rental car expenses home care or assistance transport costs, and many more. It is important to record any income lost due to your injury. You can use tax returns and pay stubs.
If you are able to, request the names of witnesses to the incident as well. These people may be able to provide valuable details, especially if are able to have them appear in court. But, it's important to keep in mind that witnesses may alter their stories over time and could forget specific details about the incident.
Intake and Investigation
Whether you have made a claim with an insurance company or have started an action against an at-fault driver, the initial intake process is essential to obtaining the fair and complete compensation you deserve for the injuries you sustained in a crash. Your lawyer will begin by examining your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit the site of the accident to observe and document what they can.
This information will help them know the extent of your injuries both in terms of current and projected future costs for your emotional and physical suffering. They will then look over your financial losses to determine the total value of your case. The damages could not be limited to only future and ongoing medical expenses, but also loss of income and property damage.
Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing all available evidence. They will also gather data from the cell phone and driving records of the driver at fault in order to see how they used their vehicle at the time. This is particularly important when there was a collision with an Uber or Lyft car, or any other evidence that suggests the driver was working on the clock.
In addition to this your lawyer will also inquire about the defendant's criminal and traffic offence history as part of the discovery process. These facts are usually not admissible but could be used to undermine the defendant's credibility during cross-examination.
The process of negotiating a settlement
Once you have received the medical records, you are able to begin settlement negotiations. Initially, the insurance company will present an offer which is usually considerably lower than what you demand in the letter. This is a method to determine how strong your argument is. In the counteroffer, it is crucial to emphasize the most important arguments for your side - for instance, that the insured was at fault and that you suffered serious injuries that resulted in high medical expenses. In the end, negotiations back and forth should get you to an amount that is reasonable and fair.
An experienced attorney can effectively argue for the merits of your claim, including presenting evidence that supports your losses. This may include photos of the car damage, a police report and witness testimony. We also know how to determine the value of different elements of your claim, like lost income and suffering and pain.
If the insurance company is unwilling to pay an acceptable amount at this point, we could make a claim. A trial typically lasts between one and two days, and is heard either by either a judge or jury. If your case settles prior to reaching this stage it could take months. Your attorney might also be able to file a summary judgment motion. This means claiming that all evidence is in your favour, and arguing it's impossible for the opposing side to win.
Filing a Lawsuit
In the majority of car crash cases, the parties can settle their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault. If an agreement cannot be reached the lawyers of our firm will bring a lawsuit against the defendant. The Complaint will detail your claims and allegations about how the crash occurred and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond.
The discovery stage is when our lawyers and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, such as the circumstances under which they believe the crash took place and what injuries you have suffered. We will also seek out expert opinions to support our assertions.
During the discovery stage, your lawyer will file legal documents known as motions with the court to be decided by the judge. This could mean asking the court to exclude evidence or to schedule a trial. It can take up a year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney early in the process.