The Intake Process for Car Accident Litigation

A lawyer who is specialized in the area of car holmes beach auto accident attorney litigation will help you determine how solid your case is as well as how much your settlement could be worth. But it is only possible if you have all the information needed.

Discovery is the initial step of an waynesville auto accident law firm accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

Documentation is a significant aspect of the investigation in a car accident. This could include evidence such as photographs, medical records or witness statements. The more documentation that you have the more convincing your case.

A police report is the first piece of paper you need. The police officer who arrives at the scene of an accident will typically prepare a report. It will give valuable details about the accident and who was responsible for it.

If necessary you need to, your attorney can make use of the police report to gather additional evidence. If the incident occurred in a place of business for instance, an employee may have recorded video footage. If that's the case, a copy of the tape should be requested from the company as soon as possible.

Record any expenses you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This could include medical bills and records for your treatment, receipts from medication, rental car fees and in-home assistance or care transport costs, and more. You should also document the loss of income due to your injury. This can include old pay slips and tax returns.

You should also try to find the names of witnesses. They could be important sources of information in your case, particularly if they are able to be a witness in a trial. It is important to keep in mind that witnesses could alter their story and forget details about the incident over time.

Intake and Investigation

The intake process is critical to getting fair compensation for your accident injuries regardless of whether you've filed an insurance claim or are suing the responsible party. Your lawyer will begin by looking through your medical records, obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

This information will allow them to assess the severity of the injuries you've sustained in terms of future and current costs for your emotional or physical suffering. Then, they'll review your financial losses to estimate 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 investigate the incident, including questioning witnesses and analyzing any evidence. They will also collect the driving and cell phone records of the drivers who were at fault to see how they used their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was on the job, since this could impact their ability to pay for your damages.

As part of the process of discovery the lawyer will inquire about the defendant's criminal and traffic offense records. These information is generally not admissible, but can be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company may make an initial offer that is much less than the amount you demanded in your letter. This is a method to assess how strong your case. In the counteroffer, you must be crucial to highlight the most powerful arguments for your side - for example, that the insured was entirely at the fault, and that you suffered severe injuries with high medical costs. In the end, bargaining back and forth will lead to an amount that is both reasonable and fair.

An experienced accident lawyer can effectively argue for the benefits of your claim, including presenting evidence that supports your losses. This could include photos of the car's damage, a police report and witness testimony. We also know how to determine the value of various elements of your claim, including lost income and suffering and pain.

If the insurance company refuses to pay a reasonable amount at this point, we may bring a lawsuit. A trial typically lasts between one and two days, and is judged by jurors or a judge. If your case is settled before this stage it could take several months. Your attorney might also be able to file a summary judgment motion. This means claiming that all evidence is in your favor, and arguing it's impossible for the opposing side to prevail.

Filing an action

In the majority of car crash cases parties can settle their dispute outside of court. Our team will help you negotiate an agreement with the other driver's insurance company, or directly with the person at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will outline your claims and allegations about the cause of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a specified time frame to respond to it.

The discovery stage is when our attorneys and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of events, focusing on the circumstances under which they believe the crash happened and what injuries you've sustained. We will also solicit expert opinions that support our position.

During the discovery phase, your lawyer could make legal documents known as motions to the court for a decision by a judge. This may include requesting the court to exclude evidence or schedule a trial. It could take a full year or more to complete the process of discovery and to set an appointment date for your case. It's crucial to consult with an experienced Long Island hewitt auto accident law firm accident attorney as early as you can during the process.