A Positive Rant Concerning Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who specializes in the field of car accident litigation can help you determine how strong your case is and also how much your settlement could be worth. This is only possible when all the information you require is available.
The first step in a lawsuit involving a car accident is called discovery. In this phase, attorneys and their teams discuss documents and answer questions under an oath.
Documentation
A large portion of the work involved in a car wreck investigation is gathering evidence. This can include evidence such as medical records, photos, or witness statements. The more documentation that you have the more convincing your case will become.
A law enforcement report is the very first document you should have. Typically, the police officer who arrives at the scene of the crash will prepare the report, and it will provide crucial information on how the crash occurred and who was at fault for the incident.
Your lawyer may also utilize the report of a law enforcement officer to gather additional evidence if necessary. If the incident occurred at an office for instance an employee could have recorded video footage. If this is the situation, a copy of the tape should be requested from the company as soon as possible.
It is also important to document any expenses you incurred in the aftermath of the accident. This can include medical bills and records for your treatment, receipts for medication rental car expenses home care or assistance as well as transportation costs and much more. auto accident lawsuit sparks is also important to document any income lost due to your accident. This could include old pay stubs as well as tax returns.
You should also get the names of witnesses. These people can serve as important sources of information in your case, especially in the event that they are able to be a witness in a trial. It is important to keep in mind that witnesses can change their story over time and they may forget details about the incident.
Intake and Investigation
The intake process is critical to receiving fair compensation for your accident injuries, whether you have submitted an insurance claim or you are suing the person at fault. Your attorney will begin by examining your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the accident to document and observe what they can.
This information will assist them know the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. They will then review your financial losses to estimate the total value of your case. The damages could comprise not only your current and future medical expenses as well as lost income and property damage.
Your lawyer will also investigate and interview witnesses and analyzing all the available evidence. They will also take the driving and cell phone records of the drivers at fault to determine how they used their vehicle at the time. This is particularly important if there was a collision with an Uber or Lyft vehicle or any other indication that the driver worked while on the clock.
In addition your lawyer will also ask questions about the defendant's past criminal and traffic offense history during the discovery process. These facts are usually not admissible, but can be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
After you have received your medical records, you are able to start settlement negotiations. Initially the insurance company will present an offer that is often much lower than what you request in the letter. This is a method to see how strong your argument is. In your counteroffer it is essential to highlight the most compelling points that you have in your favor. For example, that the insurer was at fault and that there were severe injuries and significant medical expenses. The process of negotiating back and forth should eventually lead to an equitable and reasonable amount.
A skilled lawyer for accidents can effectively argue your claim's merits including presenting proof to support your losses. This may include photos of the damage to your vehicle as well as a police report and witness testimony. We also know how to calculate the value of each element of your claim, like lost income and pain and suffering.
If, at this point, the insurance company continues to refuse to offer a reasonable amount, we may choose to start a lawsuit in the courtroom. A trial usually lasts for up to two days and is supervised by a judge (called a bench trial) or a jury. If your case settles before this stage, it can take several months. Your lawyer may also be able to file a summary motion to dismiss. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to prevail.
Filing an action
In the majority of car crash cases parties can resolve their disagreement without going to court. Our team will assist you in negotiating 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 attorneys will file a suit against the defendant. The Complaint outlines your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served with the Complaint and given a specified time frame to respond.
During the discovery phase, our attorneys will discuss documents and other information with the defendant while asking questions via interrogatories as well as depositions. Our team will inquire to the lawyer representing the defendant about their version of the events, focusing on what injuries you've suffered and the way they believe it took place. We will also request expert opinions that will support our stance.
During the discovery phase, your lawyer could file legal documents known as motions in court for a decision by the judge. This can include requesting the court to omit evidence or to schedule a trial. It could take a full year or more to complete the process of discovery and to set the date of trial for your case. This is the reason it's essential to find a knowledgeable Long Island car accident attorney at the beginning of the process.