13 Things You Should Know About Auto Accident Claim That You Might Not Have Considered

The Intake Process for Car Accident Litigation

A lawyer that specializes in the area of car accident litigation will help you determine how solid your case is and also how much your settlement could be worth. This is only possible when all the information you require is available.

Discovery is the very first step of an auto accident case. During this phase attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

A lot of the work involved in a car wreck case is collecting documentation. This could include evidence such photographs, medical records, or witness statements. Generally speaking, the more evidence you have to back your claim, the stronger your argument will be.

A law enforcement report is the primary document you should have. The police officer who arrives at the auto accident law firms scene will usually prepare a report. It will give valuable information regarding the accident as well as who was responsible for it.

If required you need to, your attorney can make use of an investigation report to collect additional evidence. If the accident happened in the workplace, for example an employee might have recorded video footage. If this is the case, request a copy from the business.

You should also document the costs you have incurred in the aftermath of the accident. This could include medical bills and records for your treatment, receipts from medication, rental car fees, in-home care or assistance as well as transportation costs and many more. Additionally, you must record any income loss as a result of your injury. You can use tax returns and pay stubs.

If you are able, obtain the names of any witnesses to the accident as well. They might be able provide valuable information, particularly if you can convince them to give evidence in court. But, it's important to remember that witnesses can alter their testimony over time and could forget specific details about the incident.

Intake and Investigation

If you've made an insurance claim with an firm or are beginning an action against an at-fault driver, the process of obtaining an intake is essential to obtaining an adequate and fair settlement for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also go to the scene of the accident to document and observe what they can.

This information will assist them know the extent of your injuries in relation to future and anticipated costs for your physical and emotional suffering. They will also review your existing and expected financial losses to estimate the total value of your case. Your damages can comprise not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any available evidence. They will also collect driving and cell phone records of the at-fault drivers to determine how they used their vehicle at that time. This is particularly important when there was a collision involving an Uber or Lyft vehicle, or any other indication that the driver worked while on the clock.

In addition, your attorney will likely inquire about the defendant's past criminal and traffic convictions in the discovery process. These details are generally not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After you have obtained the medical records after which your lawyer can start negotiations on settlement. The insurance company will often make an initial offer that is much lower than the amount you requested in your letter. This is an opportunity to assess the strength of your argument. In the counteroffer, you must be important to emphasize the strongest arguments in your favor, for instance, that the insured was completely at fault and that you suffered severe injuries with high medical costs. Negotiating back and forth will eventually lead to an equitable and reasonable amount.

A skilled attorney for auto accident accidents can successfully argue the benefits of your claim, by presenting evidence to prove your losses. This may include photos of your car damages, police reports and witness testimony. We have the ability to calculate the various components of your claim like lost income as well as pain and suffering, and police report.

If the insurance company is unwilling to pay a reasonable amount at this point, we may start a lawsuit. A trial usually lasts between one and two days and is ruled on by a judge or a jury. If your case settles before reaching this stage, the process can take months. Your attorney might also be able to file a summary motion for judgment. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to settle their dispute without going to 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 is reached, our attorneys will file a lawsuit against the defendant. The Complaint will list your claims and allegations regarding the circumstances of the crash and why you deserve compensation. The defendant is served the Complaint and given a certain amount of time to respond.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, such as what they believe happened during the crash, as well as how they think it happened and what injuries you've suffered. We will also seek out experts to back our position.

During the discovery process your lawyer may make legal motions to the court to a judge's decision on. This may include requests for the court to omit certain evidence or to set the date for a trial. It can take a year or more to complete the discovery process and establish a trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney as early as you can in the process.