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

The Intake Process for Car auto accident law firms Litigation

A lawyer with expertise in the area of car accident litigation will help you determine how strong your case is as well as how the settlement you receive could be worth. But this is only possible with all the necessary information.

The initial step in a car accident lawsuit is known as discovery. During this phase, attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

A lot of the work involved in a car accident case is collecting evidence. This could be evidence like photos, medical records or witness statements. The more documentation that you have, the more convincing your case.

A law enforcement report is the primary document you should have. The police officer who arrives at the accident scene is likely to prepare a written report. This will provide valuable information regarding the accident as well as the person responsible for it.

Your lawyer may also utilize the report of a law enforcement officer to pursue additional evidence if necessary. For instance, if the incident occurred at a company or office, an employee working at the location may have recorded video footage of the incident. If this is the case, you must request a copy from the company.

It is also important to document any expenses you incurred due to the accident. These could include medical bills and records of your treatment, receipts for medication rental car costs and in-home assistance or care expenses for transportation, and more. You should also document any income you lose due to your accident. This can include old pay stubs as well as tax returns.

You should also find the names of witnesses. They could be important sources of information in your case, particularly if they are able to be a witness in a trial. It is important to remember that witnesses may alter their accounts over time, and may forget details of the accident.

Intake and Investigation

The intake process is critical to receiving an adequate amount of settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or are suing the responsible party. Your attorney will begin by reviewing your medical records, obtaining copies of accident reports as well as other evidence. They will also visit the site of the crash to record and observe what they can.

This will help them to assess the severity of the injuries you've suffered as well as the actual and projected costs for your emotional or physical suffering. Then, they'll review your current and future financial losses to estimate the value of your case. Damages could include not just your current and future medical expenses but also income loss and property damage.

Your lawyer will also investigate and interview witnesses and analyzing all available evidence. They will also collect the driving and cell phone records of the driver at fault in order to determine how they operated their vehicle at that 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.

In addition your lawyer will also inquire about the defendant's past criminal and traffic-related offenses as part of the discovery process. Generally, these details are not admissible in court but they could be helpful to impeach the defendant's credibility in cross-examination.

The process of negotiating a settlement

Once you have received the medical records, it is possible to begin settlement negotiations. In the beginning, the insurance company will present an offer that is usually considerably lower than what you request in the letter. This is an opportunity to assess the credibility of your argument. In the counteroffer, it's crucial to highlight the most powerful arguments in your favor, for instance, that the insured was fully at blame and that you were afflicted with serious injuries that resulted in high medical expenses. Negotiating back and forth will eventually result in a fair and reasonable amount.

A skilled lawyer for accidents can effectively argue your claim's merits including presenting evidence to prove your losses. This could include photos of vehicle damage, police reports and witness testimony. We are able to calculate various aspects 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 reasonable amount, we can decide to file a lawsuit in court. A trial usually lasts up to two days and can be heard by an individual judge (called a bench trial) or by a jury. If your case is settled prior to this phase it could take a few months. Your lawyer may also be able to file a summary motion for judgment. This involves arguing that all evidence is in your favor and arguing it's impossible for the opposition to prevail.

Filing an action

In the majority of car accident instances, parties can resolve their disputes without the need for court. Our team can help you negotiate with the insurance company of the driver who caused the auto accident lawyers accident lawsuits (visit website) or directly with the party who was at fault. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your claims and allegations regarding the cause of the crash and why you are entitled to compensation. The defendant will be served the Complaint and given a specified period of time to respond to it.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will pose questions to the lawyer for the defendant about their interpretation of the events, focusing on what injuries you've suffered and the way they believe it happened. We will also search for experts to back our position.

During the discovery phase, your lawyer can prepare legal documents referred to as motions with the court for a decision by the judge. This could mean asking the court to omit evidence or to schedule a trial. It can take a whole year or more to complete the process of discovery and to set the trial date for your case. This is why it's vital to consult with a seasoned Long Island car accident attorney early on in the process.