The Intake Process for Car Accident Litigation

A lawyer who is experienced in litigation involving car accidents can help you determine the potential strength of your case and the amount of settlement you could get. This is only possible when all the information you require is available.

The initial step in a lawsuit involving a car accident is known as discovery. During this phase attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

A significant portion of the work involved in a car wreck case is collecting evidence. This could include evidence such photos, medical records or witness statements. The more documentation that you have the more convincing your case will become.

A law enforcement report is the primary document you need. The police officer who arrives at the accident scene will usually prepare a report. It will give valuable details about the incident and who was responsible.

Your attorney may also make use of the law enforcement report to seek additional evidence if necessary. If the accident happened in an office such as a place of business an employee might have recorded video footage. If this is the situation, the tape should be requested from the company as soon as possible.

Note any costs you have incurred because of the accident. Document any expenses you incurred due to. This can include medical bills and records of your treatment, receipts for medications rental car expenses, in-home care or assistance transport costs, and much more. In addition, you should document any lost income due to your accident. This could include old pay stubs as well as tax returns.

You should also try to find the names of witnesses. They could be important sources of information in your case, especially those who are able to be present at trial. But, it's important to keep in mind that witnesses may alter their accounts over time, and forget details of the incident.

Intake and Investigation

The intake process is critical to getting an adequate amount of compensation for your accident injuries regardless of whether you've submitted an insurance claim or are suing the at-fault party. Your lawyer will begin by looking over your medical treatment records, obtaining copies of accident reports and other evidence. They will also visit and document the accident scene.

This information will enable them to determine the severity of the harm you've suffered in relation to current and projected costs for your emotional or physical suffering. They will then look over your existing and expected financial losses to estimate the total value of your case. Your damages may include not only current and future medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing all available evidence. They will also gather the driver who was at fault and their driving cell phone records to see what they were doing with their vehicle at the time of the crash. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was on the job, as it could affect their ability to pay your damages.

In addition to this your lawyer will also inquire about the defendant's previous criminal and traffic-related offenses during the discovery process. These facts are usually not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents, your lawyer can begin settlement negotiations. The insurance company will typically make an initial offer that is lower than the amount you demanded in your letter. This is a method to determine the strength of your argument. In the counteroffer, it's crucial to highlight the most powerful arguments in your favor, for example, that the insured was at blame and that you were afflicted with severe injuries with the highest medical costs. Negotiating back and forth will eventually lead to a fair and reasonable amount.

A skilled accident lawyer can successfully argue your claim's merits, including presenting evidence to back your losses. This could include photos of vehicle damage, police reports or witness testimony. We know how to calculate various aspects of your claim, including lost income as well as pain and suffering, and police report.

If the insurance company is unwilling to pay an acceptable amount at this point, we can file a lawsuit. A trial typically lasts up to two days and is usually ruled by a judge (called a bench trial) or by a jury. If your case is settled before this point it can take a few months. Your attorney may be eligible to file a motion for summary judgement. This is a way of claiming that all evidence is in your favor and arguing that it's impossible to allow the opponent to prevail.

Filing an action

In a majority of cases involving car accidents the parties can settle their dispute out of court. Our team will help you negotiate with the insurance company of the driver who caused the el monte fruita auto accident lawyer accident Law firm (https://vimeo.com/707128434) or directly with the person responsible for the accident. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will outline your claims and allegations regarding the circumstances of the crash and why you are entitled to compensation. The defendant will be served the Complaint and given a certain amount of time to respond.

During the discovery phase, our lawyers will share documents and other information with the defendant, while asking questions via interrogatories and depositions. Our team will pose questions to the lawyer of the defendant regarding their view of the events, including what injuries you've suffered and the way they believe it occurred. We will also solicit expert opinions that will support our stance.

During the discovery phase, your lawyer can submit legal documents, also known as motions with the court to be ruled on by an individual judge. These could include requests to the court to block certain evidence or to schedule the date for a trial. It can take as long as one year for the discovery process to be completed and a trial date set. This is why it's crucial to find a knowledgeable Long Island car accident attorney early in the process.