The 10 Most Terrifying Things About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with experience in the field of car auto accident law firms litigation will be able to help you determine the strength of your case and how much settlement you could receive. But it is only possible if you have all the necessary information.

Discovery is the very first step of a car Auto Accident Lawsuits case. During this stage attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is a significant aspect of the investigation in the event of a car crash. This can include evidence like photos, medical records, or witness statements. The more evidence you have to back your claim, the more convincing your case will be.

The first document you should have is a report from the police. The police officer who arrives at the scene will usually write a report. It will give valuable information regarding the accident as well as who was responsible.

If needed your attorney has to use an investigation report to collect additional evidence. For instance, if the incident occurred in a business, an employee at that location may have recorded video footage of the incident. If this is the case, you must request a copy of the video from the business.

Note any costs you have incurred because of the accident. Document any expenses you incurred due to. This can include medical bills, records of your treatment, receipts from medication rental car costs and in-home care or assistance transport costs, and many more. In addition, you should keep track of any income loss as a result of your accident. This can include old pay slips and tax returns.

If you can, collect the names of witnesses to the incident as well. They could be important sources of information in your case, particularly when they can give evidence at trial. However, it's important to keep in mind that witnesses may alter their testimony over time and may forget details of the accident.

Intake and Investigation

Whether you have filed an insurance company or are starting legal action against a negligent driver, the process of intake is essential to receive full and fair compensation for your crash injuries. Your attorney will begin by examining your medical records, obtaining copies accident reports and other evidence. They will also go to and document the accident scene.

This information will assist them determine the extent of your injuries both in terms of current and projected future costs for your physical and emotional suffering. They will then look over your existing and expected financial losses to estimate the value of your case. The damages could include not only future and current medical expenses, but also loss of income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and reviewing any available evidence. They will also gather the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the crash. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the job, since this could impact their ability to cover your damages.

As part of the discovery procedure as part of the discovery process, your lawyer will ask about the defendant's criminal and traffic offense records. These details are generally not admissible, but they could be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents, your lawyer can begin negotiations for settlement. Initially the insurance company will present an offer that is often much lower than what you have requested in the letter. This is a way to test the strength of your argument. In the counteroffer, it's important to highlight the strongest arguments in your favor, for example, the insured was fully at the fault and that you sustained severe injuries with the highest medical costs. Negotiating back and forth will eventually lead to an appropriate and fair amount.

A skilled attorney for auto accidents can effectively argue for the merits of your claim, including presenting evidence to support your losses. This could include photos of car damage, police reports and witness testimony. We also know how to calculate the value of different elements of your claim, such as lost income and pain and suffering.

If at this point the insurance company still refuses to offer a fair amount, we may choose to make a claim in court. A trial usually lasts between one and two days, and is judged by an attorney or a jury. If your case is settled before reaching this stage the process could last months. Alternatively, your attorney may be eligible to file a motion for summary judge. This means claiming that all evidence is in your favor and arguing that it's impossible for the opponent to prevail.

Filing a Lawsuit

In the majority of car accident instances, parties can settle their dispute without the need for court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company, or directly with the party at fault. However, if an agreement is not reached the lawyers of our firm will bring an action against the defendant. The Complaint will contain your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a particular timeframe to respond.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of 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 request expert opinions that support our position.

During the process of discovery, your lawyer can make legal motions to the court for a judge to rule on. This can include requesting the court to omit evidence or to schedule a trial. It could take a year or more to complete the process of discovery and to set the trial date for your case. This is why it's crucial to find a knowledgeable Long Island car accident attorney early on in the process.