Harrison McLemore asked 7 months ago
The Intake Process for Car Accident Litigation
A lawyer who has experience in litigation involving car accidents can help you determine the strengths of your case as well as the amount of settlement you can get. But, this is only possible with all the information needed.
The initial step in a lawsuit involving a car accident is called discovery. In this stage, attorneys and their teams communicate with each other and ask questions under the oath.
Documentation
Documentation is a large component of an auto accident attorneys accident. This could include evidence like photographs, medical records or witness statements. The more documentation that you have, the more convincing your case will become.
The first piece of documentation you need is a report from the police. The police officer who arrives at the scene of an accident will usually prepare a report. It will give valuable details about the accident and the person responsible for it.
If required, your attorney can use an investigation report to collect additional evidence. For instance, if the incident took place in a commercial the employee who worked at that area may have recorded video footage of the incident. If this is the case, the tape must be requested from the company as soon as it is possible.
Record any expenses you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records for your treatment, receipts for medications rental car costs as well as in-home care or assistance expenses for transportation, and much more. Also, you should document any income loss due to your injury. This could include old pay stubs and tax returns.
It is also advisable to find the names of witnesses. They might be able to give valuable information, especially if can convince them to give evidence in court. It’s important to remember that witnesses could alter their stories and forget details about the incident over time.
Intake and Investigation
If you’ve made a claim with an insurance firm or are beginning an action against the at-fault driver, the intake process is essential for obtaining the fair and complete compensation you deserve for your crash injuries. Your attorney will begin by examining your medical records and then obtaining copies auto accident lawyer reports and other evidence. They will also go to the scene of the crash to take note of what they can.
This will help them know the extent of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. Then, they will review your current and future financial losses to determine the value of your case. Your damages may include not only future and current medical expenses, but also your lost income and property damage.
Your lawyer will also investigate by interviewing witnesses and analyzing all available evidence. They will also collect the driving and cell phone records of the at-fault drivers to determine how they used their vehicle at the time. This will be especially important if the collision involved an Uber or Lyft vehicle, or Auto Accident any other indication that the driver was working, as this could negatively impact their ability to pay your damages.
In addition your attorney may inquire about the defendant’s criminal and traffic offense history in the discovery process. These details are generally not admissible in court, but they can be useful to discredit 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 on settlement. The insurance company may make an initial offer that is lower than the amount you demanded in your letter. This is an opportunity to test the credibility of your argument. In your counteroffer, it is essential to highlight the most compelling arguments in your favor. For instance, you could argue the insurer was at fault and that there were serious injuries as well as expensive medical expenses. Negotiating back and forth could eventually lead to an appropriate and fair amount.
An experienced accident lawyer can successfully argue your claim’s merits, by presenting evidence to justify your losses. This could 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 various components of your claim, such as lost income and suffering and pain.
If the insurance company is unwilling to pay an appropriate amount at this point, we may file a lawsuit. A trial usually lasts between one and two days and is heard either by a judge or a jury. If your case is settled before reaching this phase it could take months. Or, your lawyer may be eligible to file an application for summary judgment. This means presenting all of the evidence to your advantage and arguing that it is impossible for the opposing side to win.
Filing a Lawsuit
In a majority of cases involving car accidents the parties can settle their dispute out of 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 no agreement is reached, our lawyers will file a suit against the defendant. The Complaint will list your claims and allegations about how the crash occurred and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a certain time frame to respond.
During the discovery phase, our attorneys will exchange documents and other material with the defendant while asking questions via interrogatories as well as depositions. Our team will inquire to the lawyer for the defendant about their view of the events, such as what injuries you’ve sustained and what they believe happened. happened. We will also solicit expert opinions to support our position.
During the discovery phase, your lawyer can submit legal documents known as motions to the court for a judge to decide on. This could mean asking the judge to exclude evidence or to schedule a trial. It could take a year or more to complete the process of discovery and to set an appointment date for your case. It is crucial to talk with an experienced Long Island auto accident attorney as early as you can in the process.