20 Questions You Must Always Ask About Auto Accident Claim Before Buying It

The Intake Process for Car Auto Accident Law Firm Litigation

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

Discovery is the initial step of a car accident case. In this stage, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

Documentation is an integral element of a car accident. This could be evidence like photographs, medical records or witness statements. Generally, the more documentation you have to support your claim the more convincing your argument will be.

A police report is the first document you need. The police officer who arrives at the scene of the accident is likely to prepare a written report. It will provide important information about the auto accident and the person responsible for it.

Your lawyer can also make use of the law enforcement report to obtain additional evidence, if needed. If the accident happened in an office such as a place of business employees may have recorded video footage. If this is the case the tape should be requested from the company as soon as possible.

You should also document any expenses you incurred as a result of the accident. This could include medical bills and auto accident law firm records for your treatment, receipts for medication rental car expenses, in-home care or assistance expenses for transportation, and more. Also, you should document any income loss due to your auto accident lawyers. This can include old pay slips and tax returns.

If you can, collect the names of any witnesses to the incident as well. These people may be able to give valuable information, especially if you can convince them to testify in court. It's important to keep in mind that witnesses could alter their narratives and forget specifics regarding the accident as time passes.

Intake and Investigation

If you have filed a claim with an insurance company or have started an action against the at-fault driver, the initial intake process is crucial to getting the full and fair amount of compensation for the accident injuries. Your attorney will begin by looking over your medical records, as well as obtaining copies of accident reports as well as other evidence. They will also visit the site of the crash to record and observe what they can.

This information will help them determine 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 determine the total value of your case. The damages could include not just your current and future medical costs as well as lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and reviewing any available evidence. They will also obtain the driver at fault's driving and cell phone records to see the way they used their vehicle at the time of the crash. This is particularly important if there was a collision involving an Uber or Lyft vehicle, or any other indication that the driver was working around the clock.

In addition your lawyer will also inquire about the defendant's criminal and traffic offense history in the discovery process. These information is generally not admissible, however they can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

Once you have received the medical records, you're able to start settlement negotiations. In the beginning, the insurance company will offer an offer that is often substantially lower than the amount you have requested in the letter. This is a way to assess how strong your case is. In the counteroffer, it's crucial to emphasize the most important points in your favor - for example, that the insured was fully at blame and that you were afflicted with severe injuries with high medical expenses. Eventually, negotiations back and forth should result in an amount that is both reasonable and fair.

A skilled lawyer for accidents can successfully argue for your claim's merits, including presenting evidence to back your losses. This could include photos of the car damage, police reports or witness testimony. We know how to determine the various elements of your claim such as loss of income as well as pain and suffering, and police reports.

If at this point the insurance company is still refusing to provide a reasonable amount, we can choose to file a lawsuit in court. A trial typically lasts one or two days and is supervised by a judge (called a bench trial) or a jury. If your case settles prior to this stage it can take a few months. Alternatively, your attorney may be eligible to file a motion for summary judgement. This involves asserting that all evidence is in your favor and arguing that it's impossible to allow the opposition to prevail.

Filing a Lawsuit

In the majority of car crash cases parties can settle their disputes without going to court. Our team will help you negotiate a settlement with the insurance company of the other driver company, or directly with the party at fault. If an agreement is not reached, our lawyers will file a suit against the defendant. The complaint contains your claims and allegations relating to the incident and why you are entitled to compensation. The defendant is served the Complaint, and given a specific amount of time to respond.

The discovery stage is when our attorneys and the defendant will begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as the circumstances under which they believe the crash occurred and what injuries you've sustained. We will also look for experts to back our claims.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court to be ruled on by an individual judge. This can include requests for the court to exclude certain evidence or to schedule a trial date. It can take a whole year or more to complete the discovery process and establish an appointment date for your case. This is why it's important to partner with an experienced Long Island car accident attorney early in the process.