9 . What Your Parents Taught You About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with expertise in the field of car accident litigation can assist you in determining how strong your case is and how the settlement you receive could be worth. This is only possible when all the information you need is available.

Discovery is the very first step of a car accident case. In this stage, attorneys and their teams will discuss documents and answer questions under an oath.

Documentation

Documentation is a major element of an auto accident. This can include evidence such as photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will be.

The first piece of documentation you need is a law enforcement report. The police officer who arrives at the scene of the accident is likely to prepare a written report. It will provide important information regarding the accident as well as who was responsible for it.

If necessary your lawyer has the option of using the police report to gather additional evidence. If the accident occurred in an office such as a place of business an employee could have recorded video footage. If this is the case, you must ask for a copy of the footage from the company.

Document any expenses you incurred due to the accident. Document all expenses you have incurred as a result of. These could include medical bills and records for your treatment, receipts from medication, rental car fees and in-home assistance or care, transportation costs, and much more. Additionally, you must note any income loss as a result of your injury. This can include old pay stubs, as well as tax returns.

If you can, collect the names of any witnesses to the incident as well. They might be able to give valuable information, especially if can get them to testify in court. It is important to remember that witnesses may alter their stories and forget details about the incident over time.

Intake and Investigation

The intake process is critical to obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or you are suing the person at fault. Your lawyer will begin by examining your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit and document the scene of the accident.

This information will help them determine the extent of your injuries both in terms of future and anticipated costs for your physical and emotional suffering. They will then review your existing and expected financial losses to determine the value of your case. Damages could include not just your current and future medical costs as well as lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also obtain the driver who was at fault and their driving phone records to determine the way they used their vehicle at the time of the collision. This is particularly important if there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver worked while on the clock.

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

Negotiating a Settlement

After you've obtained the medical documents, your lawyer can begin negotiations to settle the matter. In the beginning, the insurance company will offer an offer that is often substantially lower than the amount you requested in your letter. This is a way to test the credibility of your argument. In the counteroffer, you must be important to emphasize the strongest points in your favor - for example, the insured was at fault and that you suffered severe injuries with high medical expenses. Negotiating back and forth could eventually result in an acceptable and reasonable amount.

An experienced accident lawyer can effectively argue the merits of your case, including presenting evidence supporting your losses. This may include photos of the damage to your vehicle, a police report and witness testimony. We are able to calculate the various components of your claim, such as loss of income along with pain and suffering as well as a police report.

If, at this point, the insurance company continues to refuse to provide a reasonable amount, we may choose to file a lawsuit in court. A trial usually lasts for about two or three days and can be heard by an individual judge (called a bench trial) or by a jury. If your case is settled before reaching this stage, the process can take months. Your lawyer may also be able file a summary motion to dismiss. This means presenting all of the evidence to your advantage and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of cases involving car accidents the parties are able to resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If there is no agreement, our lawyers will initiate a lawsuit against the defendant. The Complaint will detail your claims and allegations regarding the circumstances of the crash and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular timeframe to respond to it.

The discovery phase is when our attorneys and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will pose questions to the defendant's lawyer about their interpretation of the events, including the damages you've suffered and the way they believe it occurred. We will also look for expert opinions to support our position.

During the discovery phase, your lawyer could make legal documents known as motions to the court to be ruled on by an individual judge. This can include requesting the judge to exclude evidence or schedule a trial. It could take a year or more to complete the discovery process and establish the date of trial for your case. It is essential to speak with an experienced Long Island auto accident attorneys accident attorney at the earliest possible point in the process.