Do Not Buy Into These "Trends" About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer who has experience in litigation involving car accidents will be able to assist you determine the potential strength of your case and how much settlement you could get. This is only possible when all the information you need is available.

Discovery is the first stage of an auto accidents accident case. During this phase attorneys and their teams exchange documents and discuss questions under oath.

Documentation

Documentation is an integral aspect of the investigation in the event of a car crash. This may include evidence like photographs, medical records or witness statements. The more evidence you have the more convincing your case.

The first document that you must have is a police report. Typically the police officer that comes to the scene of the accident will prepare reports, and these will contain important information about what happened and who was at fault for the incident.

If required, your attorney can use a police report to gather additional evidence. If the incident occurred in a place of business for instance an employee could have recorded video footage. If this is the case, the tape should be requested from the business as quickly as it is possible.

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

If you can, get the names of witnesses to the accident as well. These witnesses can be important sources of information in your case, particularly if they are able to be present at trial. But, it's important to keep in mind that witnesses are prone to altering their testimony over time and may forget details of the incident.

Intake and Investigation

The process of intake is crucial to getting fair compensation for your accident injuries, whether you have filed a claim with an insurance company or are suing the responsible party. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports as well as other evidence. They will also go to the scene of the crash to take note of what they can.

This information will allow them to determine the severity of the injuries you've suffered in relation to cost and projections for your emotional or physical suffering. Then, they will review your current and future financial losses in order to determine the value of your case. The damages could comprise not only your current and future medical expenses but also income loss and property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and auto Accident attorney analyzing any evidence. They will also take the driver at fault's driving and phone records to determine what they were doing with their vehicle at the time of the crash. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was at work, as this could affect their ability to pay your damages.

In addition to this your lawyer will also inquire regarding the defendant's prior criminal and traffic-related offenses during the discovery process. Generally speaking, these facts are not admissible in court but they could be helpful to impeach the defendant's credibility during cross examination.

Negotiating a Settlement

Once you have received the medical records, you're able to start settlement negotiations. The insurance company is likely to make an initial offer that is less than the amount you requested in your letter. This is a tactic to test how convincing your case. In the counteroffer, it's crucial to highlight the most powerful arguments you have in your favor - for example, the insured was fully at the fault, and that you suffered severe injuries with significant medical expenses. Negotiating back and forth could eventually result in an appropriate and fair amount.

An experienced accident lawyer can successfully argue the merits of your claim by presenting evidence to prove your losses. This may include photos of the car damage along with a police report as well as witness testimony. We also know how to determine the value of each element of your claim, like loss of income, pain and suffering.

If at this point the insurance company continues to refuse to provide a reasonable amount, we can decide to file a lawsuit in court. A trial usually lasts between one and two days. It is either heard by a judge (called a bench trial) or a jury. If your case settles prior to reaching this stage it could take months. Your lawyer may also be able file a summary motion to enter judgment. This is a way of claiming that all evidence is in your favor, and arguing that it is impossible for the opposition to win.

Filing a Lawsuit

In the majority of car accident cases parties can settle their dispute without the need for court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver who is at fault. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a specified period of time to respond.

The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and auto accident attorney other material in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of events, including what they believe happened during the crash, as well as how they think it occurred and the injuries you've sustained. We will also search for experts to back our assertions.

During the discovery phase, your lawyer could make legal documents known as motions to the court for a decision by an individual judge. This can include requesting the court to omit evidence or schedule a trial. It can take up an entire year for the discovery process to be completed and a trial date established. It's crucial to consult with an experienced Long Island auto accident attorney (visit the up coming website) early in the process.