The Intake Process for Car Accident Litigation
A lawyer who is specialized in the area of car accident litigation will help you determine how strong your case is and how the settlement might be worth. However it is only possible if you have all the necessary information.
The first step in a lawsuit involving a car accident is called discovery. During this stage, attorneys and their teams will discuss documents and answer questions under oath.
Documentation
A large portion of the work involved in a car wreck case is collecting documentation. This could include evidence such as photographs, medical records or witness statements. The more evidence you have, the better your case will be.
The first piece of documentation you should have is a police report. Typically the police officer who arrives at the scene of the accident will prepare reports, auto accidents and these will provide crucial information on how the accident occurred and who was at fault for the incident.
Your lawyer can also make use of the law enforcement report to obtain additional evidence in the event of need. If the incident occurred in the workplace, for example an employee could have recorded video footage. If this is the case, you should seek a copy from the business.
Document any expenses you incurred as a result of the accident. Document all expenses you have incurred as a result of. This could include medical bills and records of your treatment, receipts for medicines rental car expenses, in-home care or assistance transport costs, and many more. Additionally, you must keep track of any income loss due to your injury. This could include old pay stubs and tax returns.
You should also try to obtain the names of witnesses. They might be able to provide important information, particularly if you can convince them to be a witness in court. It is important to keep in mind that witnesses may alter their testimony over time and could forget specific details about the accident.
Intake and Investigation
The intake process is critical in obtaining fair compensation for your injuries sustained in an accident, whether you have made an insurance claim or are suing the party at fault. Your lawyer will begin by reviewing your medical treatment records, obtaining copies of accident reports, and other evidence. They will also visit the site of the accident to observe and document what they can.
This information will allow them to understand the extent of injuries you have suffered in terms of actual and projected costs for your emotional or physical suffering. Then, they will look at your current and future financial losses in order to determine the value of your case. The damages could include not just your current and future medical expenses but also lost income and property damage.
Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing the available evidence. They will also collect the at-fault driver's driving and cell phone records to see the way they used their vehicle at the time of the collision. This is especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, as it could affect their ability to pay for your damages.
In addition to this, your attorney will likely inquire about the defendant's past criminal and traffic offence history during the discovery process. These details are typically not admissible, however they can be used to undermine the credibility of the defendant during cross-examination.
The process of negotiating a settlement
After you've obtained the medical documents after which your lawyer can start negotiations for settlement. In the beginning, the insurance company may make an offer that is often significantly lower than the amount you demand in the letter. This is a tactic to determine how strong your case is. In your counteroffer, it's crucial to emphasize the most important arguments to your advantage. For instance, you can say that the insurance company was at fault and there were serious injuries and expensive medical expenses. In the end, the back and forth negotiation should result in an amount that is both fair and reasonable.
An experienced attorney can successfully argue the merits of your case, including presenting evidence to support your losses. This may include photos of your car damage, police reports or witness testimony. We know how to calculate various aspects of your claim, including loss of income as well as pain and suffering, and police reports.
At this point, if the insurance company is still refusing to offer a reasonable amount, we can choose to bring a lawsuit to court. A trial usually lasts about two or three days and can be heard by an individual judge (called a bench trial) or jurors. If your case is settled before this point it could take several months. Or, your lawyer may be eligible to file a motion for summary judgement. This means presenting all of the evidence to your advantage and arguing that it's impossible for the opposing side to prevail.
Filing a Lawsuit
In the majority of car accident cases parties can settle their disputes without the need for court. Our team will assist you in negotiating an agreement with the insurance company of the other driver company, or directly with the person at fault. If no agreement can be reached, our lawyers will file a lawsuit against the defendant. The complaint contains your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specific period of time to respond.
During the discovery phase, our lawyers will discuss documents and other material with the defendant, while asking questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, auto accidents including how they believe the crash happened and what injuries you have suffered. We will also seek out expert opinions that support our position.
During the process of discovery, your lawyer could submit legal documents, also known as motions to the court for a judge to rule on. These could include requests to the court's decision to exclude certain evidence or auto accident lawyers Accidents, http://0522565551.Ussoft.kr, to schedule an appointment for trial. It could take up to an entire year for the discovery process to be completed and a trial date established. This is why it's vital to consult with a seasoned Long Island car accident attorney early in the process.