The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can help you determine how solid your case is and also how the settlement may be worth. But, this is only possible if you have all the information needed.

Discovery is the initial step of an auto accident case. In this stage, attorneys and their teams communicate with each other and ask questions under the oath.

Documentation

A large portion of the work that goes into a car accident case is obtaining documentation. This can include evidence like medical records, photos, or witness statements. The more evidence you have the more convincing your case.

A police report is the first piece of paper you need. Typically the police officer that comes to the scene of the accident will write a report, and this will give important details about the circumstances of the crash and who was at fault for the incident.

If needed your attorney has to use a police report to gather additional evidence. If the incident occurred in the workplace such as a place of business an employee might have recorded video footage. If this is the case, seek a copy from the company.

Note any costs you have incurred in the aftermath of the accident. Record any costs you incur due to. This could include medical expenses or records of treatment, receipts from medications rental car costs, in-home assistance or care as well as transportation costs. You should also document any income lost due to your injury. You can use old tax returns and pay stubs.

If you are able to, request the names of witnesses to the accident as well. They might be able to provide valuable information, especially if can get them to give evidence in court. It is important to keep in mind that witnesses could alter their accounts and forget details about the incident as time passes.

Intake and Investigation

The process of intake is crucial to obtaining an adequate amount of settlement for your accident-related injuries, whether you have filed a claim with an insurance company or are suing the at-fault party. Your attorney will start by looking through your medical documents, and then obtaining copies accident reports and other evidence. They will also visit the scene of the accident to observe and document what they can.

This will help them understand the extent of your injuries as well as the future and anticipated costs for your emotional and physical suffering. Then, they will look at your current and future financial losses to determine the value of your case. The damages could not be limited to only future and ongoing medical expenses, but also loss of income as well as property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and reviewing any available evidence. They will also take the driver at fault's driving records and phone records to determine the way they used their vehicle at the time of the crash. This is particularly important when there was a collision with an Uber or Lyft car or any other indication that the driver was working on the clock.

As part of the process of discovery as part of the discovery process, your lawyer will inquire about the defendant's criminal and traffic offence records. These details are typically not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have the medical records, it is possible to start settlement negotiations. The insurance company will often make an initial offer that is smaller than the amount that you requested in your letter. This is a tactic to see how strong your case is. In the counteroffer, it's important to emphasize the strongest arguments in your favor, for sanbenitolive.com example, the insured was completely at blame and that you were afflicted with serious injuries that resulted in high medical expenses. The process of negotiating back and forth should eventually lead to an appropriate and fair amount.

An experienced attorney can successfully argue the merits of your claim including presenting evidence that supports your losses. This could include photos of the damage to your vehicle, a police report and witness testimony. We also know how to determine the value of various elements of your claim, such as lost income and suffering and pain.

At this point, if the insurance company still refuses to offer a fair amount, we can decide to make a claim in court. A trial typically lasts about two or three days and is either heard by an individual judge (called a bench trial) or jurors. If your case is settled prior to reaching this stage, the process can take months. Your lawyer may also be able to file a summary motion to enter judgment. This involves asserting that all evidence is in your favor, kawsachuncoca.com 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 outside of court. Our team will help you negotiate a settlement with the insurance company of the other driver company or directly with the person at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will outline your claims and allegations regarding the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint, and given a set amount of time to answer.

During the discovery phase, Vimeo.Com our attorneys will share documents and other materials with the defendant while asking questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, including what they believe happened during the crash, as well as how they think it happened and what injuries you've sustained. We will also seek expert opinions to support our position.

During the discovery process, your lawyer could make legal motions to the court for a judge to decide on. This can include requesting the court to exclude evidence or to schedule a trial. It can take up to a year for the discovery process to be completed and a trial date set. It is essential to speak with an experienced Long Island millville auto accident law firm accident attorney as early as possible in the process.