The 9 Things Your Parents Taught You About Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer that specializes in the field of car accident litigation can assist you in determining how strong your case is, and how the settlement might be worth. However it is only possible when you have all the necessary information.
Discovery is the initial step of an auto accident (continue reading this) case. In this phase attorneys and their teams exchange documents and discuss their respective cases under an oath.
Documentation
Documentation is an integral part of the work in an auto accident. This can include evidence like photographs, medical records or witness statements. Generally, the more documentation you can provide to support your claim the stronger your argument will be.
A law enforcement report is the first document you should have. The police officer who arrives at the scene of the accident will usually write a report. It will provide important details about the incident and who was responsible.
Your attorney may also make use of the report of a law enforcement officer to obtain additional evidence if necessary. If the accident happened in a place of business for instance, an employee may have recorded video footage. If this is the case, you must seek a copy from the company.
Keep track of any expenses you incur because of the accident. Document any expenses you incurred due to. This can include medical bills and records of your treatment, receipts for medication rental car charges, in-home care or assistance transport costs, and more. Additionally, you must note any income loss due to your accident. You can utilize old tax returns and pay stubs.
If you are able, obtain the names of witnesses to the incident as well. They might be able to provide important details, especially if are able to have them give evidence in court. It is important to remember that witnesses may alter their story and forget details about the incident as time passes.
Intake and Investigation
The process of intake is crucial to obtaining an adequate amount of compensation for your injuries from an accident, whether you have submitted an insurance claim or are suing the party at fault. Your attorney will start by looking over your medical treatment records, obtaining copies of accident reports and other available evidence. They will also go to and document the accident scene.
This information will assist them determine the extent of your injuries both in terms of future and current costs for your emotional and physical suffering. Then, they will review your current and future financial losses to determine the worth of your case. The damages could comprise not only your current and future medical costs as well as lost income and property damage.
Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence. They will also gather data from the cell phone and driving records of the at-fault drivers to determine how they used their vehicle at the time. This is especially important in the event that there was a collision that involved an Uber or Lyft car or any other evidence that suggests the driver was on the clock.
As part of the discovery process as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal offense records. These facts are usually not admissible, however they can be used to undermine the defendant's credibility during cross-examination.
Negotiating a Settlement
After you've obtained the medical documents after which your lawyer can start negotiations on settlement. In the beginning the insurance company will offer an offer that's usually considerably lower than what you have requested in the letter. This is a method to see how strong your argument is. In the counteroffer, it is crucial to highlight the most powerful arguments for your side - for example, that the insured was entirely at blame and that you were afflicted with severe injuries with significant medical expenses. Negotiating back and forth could eventually result in an acceptable and reasonable amount.
An experienced accident lawyer will effectively argue the merits of your claim including presenting evidence to support your losses. This may include photos of the damage to your vehicle as well as a police report and witness testimony. We also know how to determine the value of various components of your claim, like loss of income, suffering and pain.
If at this point the insurance company is still refusing to offer a reasonable amount, we have the option to bring a lawsuit to court. A trial typically lasts between one and two days. It is supervised by an individual judge (called a bench trial) or a jury. If your case settles prior to this stage, it can take several months. Or, your lawyer may be capable of filing a motion for summary judgement. This involves asserting all of the evidence in your favor and arguing that it's impossible for the other side to prevail.
Filing an action
In the majority of car crash instances, parties can resolve their disagreement without the need for court. Our team will work to help you negotiate a settlement with the insurance company, or directly with the at-fault party. If an agreement is not reached, our lawyers will file a suit against the defendant. The Complaint outlines your claims and allegations relating to the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a certain period of time to respond to it.
The discovery stage is 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 ask questions to the lawyer of the defendant regarding their view of the events, such as what injuries you've sustained and how they believe it happened. We will also seek expert opinions to support our claims.
During the discovery phase, your lawyer could prepare legal documents referred to as motions in court for a decision by an individual judge. These could include requests to the court to block certain evidence or to set an appointment for trial. It can take up a 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 law firm accident attorney at the earliest possible point in the process.
