The No. One Question That Everyone Working In Auto Accident Claim Should Be Able To Answer
The Intake Process for Car Accident Litigation
A lawyer who is specialized in the area of car accident litigation will assist you in determining how strong your case is and also how the settlement may be worth. This is only possible when all the information you need is available.
Discovery is the initial step of an auto accident case. During this stage, attorneys and their teams will communicate with each other and ask questions under oath.
Documentation
The majority of the work involved in a car crash case is obtaining documentation. This could include evidence such as 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 primary document you need. Typically, the police officer who comes to the scene of the accident will prepare an investigation report. This will provide important information about how the accident occurred and who was responsible for the incident.
Your attorney can also use the report of a law enforcement officer to seek additional evidence in the event of need. For instance, if an incident occurred at a company the employee who worked at that site might have recorded video footage of the incident. If this is the case, you should request a copy of the video from the business.
You should also document the expenses you incur in the aftermath of the accident. This could include medical bills or records of treatment, receipts for medication rental car expenses as well as in-home assistance or care, transportation costs and more. It is also important to document the loss of income due to your accident. This could include old pay slips and tax returns.
You should also find the names of witnesses. They could be valuable sources of information for your case, particularly in the event that they are able to be a witness in a trial. It is important to remember that witnesses can alter their accounts over time, and could forget specific details about the incident.
Intake and Investigation
If you have filed an insurance claim with an company or are starting a lawsuit against an at-fault driver, the process of obtaining an intake is essential to receive full and fair compensation for your crash injuries. Your lawyer will begin by reviewing your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the crash to document and observe what they can.
This information will enable them to determine the severity of the injuries you've suffered in relation to current and projected costs for your emotional or physical suffering. They will then review your current and future financial losses to estimate the value of your case. Damages could include not just your current and future medical expenses as well as lost income and property damage.
Your lawyer will also investigate by interviewing witnesses and analyzing all the available evidence. They will also gather the driver at fault's driving and cell phone records to see what they were doing with their vehicle at the time of the crash. This is particularly important when there was a collision with an Uber or Lyft car, or any other evidence that suggests the driver worked while on the clock.
As part of the discovery process, your lawyer will also ask about the defendant's criminal and traffic offense records. These information is generally not admissible but could be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
After you've obtained the medical documents, your lawyer can begin settlement negotiations. The insurance company is likely to make an initial offer that is much less than what you requested in your letter. This is a way to see how strong your argument is. In the counteroffer it is important to emphasize the strongest arguments in your favor, for example, that the insured was at the fault and that you sustained severe injuries with the highest medical costs. In the end, a lot of back and forth bargaining should get you to an amount that is both fair and reasonable.
A skilled accident lawyer can successfully argue your claim's merits by presenting evidence to justify your losses. This may include photos of your car damage, police reports or witness testimony. We know how to calculate various elements of your claim, such as lost income along with pain and suffering as well as a police report.
If, at this point, the insurance company continues to refuse to offer a fair amount, we have the option to make a claim in court. A trial usually lasts up to two days and is either heard by a judge (called a bench trial) or a jury. If your case settles before this stage, it can take several months. Your attorney may be eligible to file a motion for summary judgment. This involves arguing that all evidence is in your favor, and arguing that it is impossible for the other side to prevail.
Filing a Lawsuit
In a majority of cases involving car accidents parties can settle their dispute out of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your assertions 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.
The discovery phase is where our lawyers and the defendant begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, such as how they believe the crash occurred and what injuries you've suffered. We will also search for experts to back our position.
During the process of discovery, your lawyer could submit legal documents, also known as motions to the court to a judge's decision on. This may include requesting the court to omit evidence or schedule a trial. auto accident attorneys loveland can take a year or more to complete the discovery process and determine the date of trial for your case. This is why it's vital to find a knowledgeable Long Island car accident attorney early on in the process.