9 Things Your Parents Taught You About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to assist you determine the potential strength of your case and what settlement amount you might get. However it is only possible when you have all the necessary information.

Discovery is the initial step of an auto accident (Tiannaxander.Com) case. During this phase, attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

Documentation is a major element of an auto accident. This can include evidence such as medical records, photos, or witness statements. The more evidence you can provide to support your claim, the stronger your claim will be.

The first piece of documentation you need is a law enforcement report. Typically the police officer who comes to the scene of the accident will draft a report, and this will contain important information about how the crash occurred and who was at fault for the incident.

If required, your attorney can use an investigation report to collect additional evidence. If the accident occurred in the business environment, for example employees may have recorded video footage. If this is the case, request a copy from the company.

Document any expenses you incurred as a result of the accident. Document any expenses you incurred due to. This can include medical bills as well as records of your treatment, medication receipts, rental car charges for in-home assistance, care at home expenses for transportation, and more. Additionally, you must keep track of any income loss due to your injury. This could include old pay stubs as well as tax returns.

You should also try to find the names of witnesses. These witnesses can be valuable sources of information for your case, especially when they can be present at trial. It is important to keep in mind that witnesses could alter their accounts and forget details about the incident over time.

Intake and Investigation

If you've filed an insurance claim with an company or are starting a lawsuit against an at-fault driver, the process of intake is essential for obtaining an adequate and fair settlement for your crash injuries. Your lawyer will begin by looking over your medical records, and obtaining copies of accident reports, as well as other evidence. They will also go to the scene of the accident to take note of what they can.

This will help them to understand the extent of the injuries you've sustained, both in terms future and current costs for your emotional or physical suffering. They will then review your existing and expected financial losses to estimate the total value of your case. Your damages may include not only future and current medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate by interviewing witnesses and analyzing all available evidence. They will also take the at-fault driver's driving and phone records to determine what they were doing with their vehicle at the time of the accident. This is particularly important when there was a collision with an Uber or Lyft vehicle or any other evidence that suggests the driver worked while on the clock.

In addition to this your lawyer will also inquire about the defendant's criminal and traffic convictions during the discovery process. These details are typically not admissible but could be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company will typically make an initial offer that is lower than the amount you requested in your letter. This is a tactic to see how strong your argument is. When you counteroffer, it's crucial to highlight the most powerful points you have in your favor. For instance, you could argue that the insurance company was responsible and that there were severe injuries as well as high medical costs. In the end, a lot of back and forth bargaining will result in an amount that is both fair and reasonable.

A skilled accident lawyer can successfully argue for your claim's merits, including presenting evidence to prove your losses. This may include photos of your car damage, police reports or witness testimony. We know how to calculate various aspects of your claim, including loss of income along with pain and suffering as well as a police report.

If, at this point, the insurance company still refuses to offer a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial typically lasts about two or three days and can be heard by a judge (called a bench trial) or a jury. If your case is settled before this point it could take a few months. Or, your lawyer may be in a position 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 for the opposing side to win.

Filing a Lawsuit

In the majority of cases involving car accidents, the parties can resolve their disagreement outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. If an agreement is not reached our lawyers will initiate an action against the defendant. The Complaint will list your claims and allegations regarding how the crash occurred and why you deserve compensation. The defendant is served with the Complaint, and given a specified amount of time to answer.

The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, including what they believe happened, how they believe it occurred and the injuries you have suffered. We will also look for experts to back our claims.

During the discovery stage, your lawyer will make legal documents known as motions in court to be decided by a judge. This can include requests for the court to exclude certain evidence, or to set an appointment for trial. It can take a year or more to complete the discovery process and determine a trial date for your case. It is imperative to speak with an experienced Long Island auto accident law firm accident attorney early during the process.