The 9 Things Your Parents Taught You About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with experience in the field of car accident litigation will be able to assist you determine the strengths of your case as well as the amount of settlement you could receive. This is only possible when all the information you need is available.

The first step in a lawsuit involving a car accident is called discovery. In this phase attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is a significant element of an auto accident. This could include evidence like photographs, medical records or witness statements. In general, the more evidence you can provide to support your claim the more convincing your case will be.

A police report is the very first document you need. The police officer who arrives at the scene of an accident will usually write a report. This report will provide important details about the accident and the person responsible for it.

Your attorney may also make use of the report of a law enforcement officer to obtain additional evidence, if needed. If the incident occurred in the workplace for instance, an employee may have recorded video footage. If this is the case, you must seek a copy from the company.

Record any expenses you have incurred in the aftermath of the accident. Document any expenses you incurred due to. This can include medical bills and records of your treatment, receipts from medication rental car expenses and in-home assistance or care, transportation costs, and more. It is also important to document the loss of income due to your accident. This can include old pay stubs and tax returns.

You should also get the names of witnesses. These people can serve as important sources of information in your case, especially when they can be present at trial. It's important to keep in mind that witnesses may change their story and forget details about the incident as time passes.

Intake and Investigation

The process of intake is vital in obtaining an adequate amount of compensation for your accident injuries, whether you have filed an insurance claim or are suing the at-fault party. Your attorney will begin by looking over your medical records, obtaining copies accident reports and other evidence. They will also visit and document the accident scene.

This will help them determine the extent of your injuries as well as the current and projected future costs for your physical and emotional suffering. They will then review your financial losses in order to determine the worth of your case. The damages you suffer could include not just future and present medical expenses, but also your lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and reviewing any available evidence. They will also collect driving and cell phone records of the drivers at fault to see how they used their vehicle during the time. This is particularly important when there was a collision with an Uber or Lyft vehicle or any other indication that the driver was working around the clock.

Additionally the lawyer may inquire regarding the defendant's prior criminal and traffic convictions as part of the discovery process. Generally speaking, these facts are not admissible in court, however they could be helpful to discredit the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After receiving the medical records, it is possible to start settlement negotiations. In the beginning, the insurance company may make an offer which is usually much lower than what you demand in the letter. This is a method to see how strong your argument is. In your counteroffer, it is crucial to emphasize the most important points that you have in your favor. For instance, you can say the insurer was responsible and that there were serious injuries as well as significant medical expenses. Eventually, bargaining back and forth should result in an amount that is fair and reasonable.

A skilled attorney can successfully argue your claim's merits including presenting evidence to back your losses. This could include photos of the damage to your car as well as a police report and witness testimony. We also know how to calculate the value of each element of your claim, such as lost income and suffering and pain.

At this point, if the insurance company continues to refuse to offer a reasonable amount, we have the option to bring a lawsuit to court. A trial typically lasts between one and two days. It is supervised by an individual judge (called a bench trial) or by jurors. If your case settles prior to reaching this phase it could take months. Or, your lawyer may be able to file a motion for summary judgement. This means claiming that all evidence is in your favour, and arguing that it's impossible to allow the opponent to prevail.

Filing an action

In a majority of car accident cases the parties can resolve their disagreement outside of court. Our team will assist you in negotiating a settlement with the insurance company or directly with the at-fault party. However, if an agreement is not reached Our lawyers will initiate an action against the defendant. The Complaint outlines your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint, and given a specific amount of time to respond.

The discovery stage is when our lawyers and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will inquire to the lawyer representing the defendant about their perspective on the events, including what injuries you've sustained and the way they believe it took place. We will also seek out expert opinions that support our position.

During the discovery phase, your lawyer can submit legal documents known as motions to the court for a judge's ruling on. This may include requesting the court to omit evidence or set a trial date. It could take up to one year for the investigation process to be completed and a trial date scheduled. It is essential to speak with an experienced Long Island auto accident law firm accident attorney as early as you can in the process.