15 Of The Best Pinterest Boards All Time About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer that specializes in car accident litigation can help you determine the strength of your case is as well as how the settlement may be worth. But this is only possible with all the necessary information.

The first step in a car crash lawsuit is known as discovery. In this phase attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

A lot of the work that goes into a car accident case is obtaining documentation. This can include evidence like photos, medical records or witness statements. The more evidence you have to support your claim, the stronger your argument will be.

The first piece of evidence you should have is a law enforcement report. Typically the police officer who comes to the scene of the auto accident lawsuits will prepare reports, and these will provide crucial information on what happened and who was responsible for the incident.

If necessary, your attorney can use a police report to gather additional evidence. If the incident occurred in the business environment, for example employees may have recorded video footage. If this is the case, you must ask for a copy of the footage from the business.

Note any costs you have incurred in the aftermath of the accident. These could include medical bills, records of your treatment, receipts from medications rental car expenses and in-home care or assistance transport costs, and many more. Additionally, you must note any income loss as a result of your injury. This could include old pay stubs, as well as tax returns.

You should also find the names of witnesses. They can be valuable sources of information for your case, especially those who are able to be present at trial. However, it is important to remember that witnesses can alter their story over time and may forget details of the accident.

Intake and Investigation

The intake process is critical in obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you've filed a claim with an insurance company or you are suing the person at fault. Your lawyer will begin by reviewing your medical treatment documents, and then obtaining copies accident reports as well as other evidence. They will also visit and document the scene of the accident.

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

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any evidence. They will also obtain the driver who was at fault and their driving cell phone records to see the way they used their vehicle at the time of the accident. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was working while on the job, since this could negatively impact their ability to pay your damages.

In addition to this your attorney may inquire about the defendant's previous criminal and traffic offence history in the discovery process. These details are generally not admissible in court, but they can be useful to undermine the credibility of the defendant during cross examination.

Negotiating a Settlement

After you have obtained the medical records after which your lawyer can start settlement negotiations. The insurance company will typically make an initial offer that is much less than the amount you requested in your letter. This is an opportunity to determine the credibility of your argument. In the counteroffer it is important to highlight the strongest arguments in your favor, for instance, that the insured was completely at fault and that you suffered serious injuries that resulted in significant medical expenses. In the end, the back and forth negotiation should result in an amount that is reasonable and fair.

A skilled attorney can successfully argue your claim's merits including presenting evidence to prove your losses. This could include photos of the car damage, auto accident attorney police reports and witness testimony. We also know how to calculate the value of various components of your claim, like lost income and pain and suffering.

If at this point the insurance company is still refusing to offer a fair amount, we can decide to make a claim in court. A trial usually lasts for about two or three days and can be heard by an individual judge (called a bench trial) or a jury. If your case settles prior to reaching this phase the process could take months. Alternatively, your attorney may be in a position to file a motion for summary judgement. This involves asserting that all evidence is in your favor and arguing it's impossible for the opposition to win.

Filing a Lawsuit

In the majority of car crash cases parties can settle their dispute without going to court. Our team will work to help you negotiate a settlement with the insurance company or directly with the person at fault. If an agreement cannot be reached Our lawyers will file an action against the defendant. The Complaint will contain your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a specified timeframe to respond to it.

The discovery phase is when our attorneys and the defendant begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of events, focusing on what they believe happened, how they believe it occurred and what injuries you've suffered. We will also look for experts to back our claims.

During the discovery process your lawyer can make legal motions to the court for a judge to rule on. This can include requests for the court to block certain evidence or to schedule a trial date. It could take up to an entire year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.