9 . What Your Parents Taught You About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can help you determine how strong your case is and also how the settlement may be worth. But this is only possible when you have all the relevant information.

Discovery is the very first step of an auto accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

Documentation is an integral component of an auto accident law firms accident. This can include evidence like medical records, photos or witness statements. Generally, the more documentation you can provide to support your claim the more convincing your claim will be.

A law enforcement report is the first piece of paper you should have. Typically the police officer that comes to the scene of the accident will prepare reports, and these will provide crucial information on what happened and who was at fault for the incident.

If required your lawyer has the option of using an investigation report to collect additional evidence. For instance, if the incident took place in a commercial or office, an employee working at the area may have recorded video footage of the incident. If this is the case, you should seek a copy from the company.

You should also keep track of any expenses you incurred as a result of the accident. These could include medical bills and records of your treatment, receipts from medications rental car fees for in-home assistance, care at home transport costs, and many more. Also, you should document any income lost due to your injury. You can use your old tax returns and pay stubs.

You should also try to find the names of witnesses. They may be able provide valuable information, especially if you can get them to testify in court. It is important to remember that witnesses are prone to altering their accounts over time, and they may forget details about the incident.

Intake and Investigation

Whether you have made an insurance claim with an firm or are beginning an action against an at-fault driver, the process of intake is crucial to getting full and fair compensation for your injuries from a crash. Your lawyer will begin by reviewing your medical treatment documents, and then obtaining copies accident reports and other evidence. They will also visit the site of the crash to document and observe what they can.

This information will allow them to know the extent of your injuries in relation to future and anticipated costs for your physical and emotional suffering. They will then look over your financial losses to determine the total value of your case. Damages could comprise not only your current and future medical expenses but also income loss and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and reviewing any available evidence. They will also obtain the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the accident. 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, as this could impact the ability of them to pay damages.

As part of the discovery process, your lawyer will also ask about the defendant's criminal and traffic record of offenses. In general, these information are not admissible in court but they could be helpful to undermine the credibility of a defendant in cross-examination.

The process of negotiating a settlement

After you have received your medical records, it is possible to begin settlement negotiations. Initially, the insurance company will present an offer that is usually considerably lower than what you demand in the letter. This is a way to determine the strength of your case. In your counteroffer, it's essential to highlight the most compelling arguments in your favor. For instance, you can say the insurer was at fault and that there were serious injuries as well as significant medical expenses. Eventually, back and forth bargaining will lead to an amount that is fair and reasonable.

An experienced accident lawyer can successfully argue the benefits of your claim, including presenting evidence supporting your losses. This could include photographs of the car damage as well as a police report and witness testimony. We can determine the various elements of your claim, including lost income as well as pain and suffering, and police report.

If the insurance company refuses to pay an appropriate amount at this point, we may bring a lawsuit. A trial usually lasts between one and two days, and is heard either by either a judge or jury. If your case settles prior to this phase, it can take several months. Your lawyer may also be able file a summary motion for judgment. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the other side to prevail.

Filing an action

In a majority of cases involving car accidents, the parties can resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. However, if there is no agreement, our lawyers will bring a lawsuit against the defendant. The Complaint will include your assertions and allegations regarding the cause of the crash and the reason you should be compensated. The defendant will be served with the Complaint and given a specified timeframe to respond.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, including how they believe the crash occurred and the injuries you've sustained. We will also look for expert opinions to support our position.

During the discovery process, your lawyer can submit legal documents known as motions to the court to a judge's decision on. This could mean asking the judge to exclude evidence or to schedule a trial. It can take a whole year or more to complete the discovery process and set a trial date for your case. It is essential to speak with an experienced Long Island auto accident lawsuits accident attorney at the earliest possible point in the process.