10 Facts About Auto Accident Claim That Can Instantly Put You In The Best Mood

The Intake Process for Car Accident Litigation

A lawyer with expertise in car accident litigation can help you determine how strong your case is, and how the settlement might be worth. This is only possible if all the information you require is available.

The first step in a lawsuit involving a car accident is called discovery. During this phase attorneys and their teams exchange documents and discuss questions under oath.

Documentation

Documentation is a major part of the work in the event of a car crash. This can include evidence like photographs, medical records, or witness statements. The more evidence you have, the more convincing your case.

A law enforcement report is the first document you should have. The police officer who arrives at the scene of an accident will usually write a report. This will provide valuable details about the accident and the person responsible for it.

Your attorney can also use a law enforcement report to obtain additional evidence if required. If the incident occurred in the business environment for instance, an employee may have recorded video footage. If this is the case the tape must be requested from the company as soon as it is possible.

You should also document any expenses you incurred as a result of the accident. These could include medical bills as well as records of your treatment, receipts from medication rental car expenses as well as in-home assistance or care transport costs, and many more. It is also important to document any income you lose due to your injury. You can utilize old tax returns and pay stubs.

If you can, collect the names of witnesses to the accident as well. These people can serve as important sources of information in your case, particularly when they can testify at trial. It is important to keep in mind that witnesses can change their story over time and may forget details of the incident.

Intake and Investigation

If you've made a claim with an insurance company or are starting a lawsuit against an at-fault driver, the initial intake process is crucial to getting the fair and complete compensation you deserve for the accident injuries. Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the crash to record and observe what they can.

This information will allow them to comprehend the extent of injuries you have suffered as well as the future and current costs for your physical or emotional suffering. They will then review your financial losses in order to determine the worth of your case. The damages could not be limited to only future and current medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing all available evidence. They will also collect the at-fault driver's driving and phone records to determine what they were doing with their vehicle at the time of the collision. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, auto accidents as this could affect their ability to pay for your damages.

As part of the discovery process, your lawyer will also ask about the defendant's criminal and traffic record of offenses. These information is 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, your lawyer can begin negotiations for settlement. The insurance company will often make an initial offer that is smaller than the amount that you demanded in your letter. This is a way to determine how strong your argument is. In the counteroffer, you must be important to emphasize the strongest arguments you have in your favor - for example, that the insured was at the fault, and Auto Accident Law Firm that you suffered severe injuries with significant medical expenses. In the end, a lot of back and forth bargaining will lead to an amount that is fair and reasonable.

An experienced accident lawyer will effectively argue the merits of your case, by presenting evidence to prove your losses. This could include photographs of the damage to your car as well as a police report and auto accident attorney witness testimony. We also know how to determine the value of each element of your claim, including loss of income, suffering and pain.

At this point, if the insurance company refuses to offer a fair amount, we have the option to start a lawsuit in the courtroom. A trial typically lasts about two or three days and is supervised by an individual judge (called a bench trial) or by jurors. If your case is settled prior to this phase it could take a few months. Or, your lawyer may be capable of filing a motion for summary judgment. This involves arguing that all evidence is in your favour, and arguing that it is impossible for the opposition 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 negotiate with the insurance company of the driver who caused the accident or directly with the driver who was at fault. However, if there is no agreement, our lawyers will bring a lawsuit against the defendant. The complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint, and given a specific period of time to reply.

The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will inquire to the lawyer for the defendant about their perspective on the events, focusing on what damages you've suffered and what they believe happened. occurred. We will also solicit expert opinions that will support our stance.

During the discovery phase, your lawyer could file legal documents known as motions to the court to be ruled on by an individual judge. This may include requesting the court to block evidence or schedule a trial. It could take a full year or more to complete the discovery process and set the trial date for your case. It's crucial to consult with an experienced Long Island Auto Accident Law Firm accident attorney as early as possible in the process.