9 Things Your Parents Teach You About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with expertise in litigation involving car accidents can help you determine the strength of your case is as well as how the settlement may be worth. This is only possible if all the information you require is available.

The first step in a car accident lawsuit is called discovery. In this phase, attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is a significant component of an auto accident. This could include evidence such as photographs, medical records or witness statements. The more evidence you have the more convincing your case.

The first piece of documentation that you must have is a police report. The police officer who arrives at the scene of an auto accident lawyer will usually write a report. This will provide valuable information about the accident and who was responsible for it.

Your lawyer can also make use of the report of a law enforcement officer to pursue additional evidence if necessary. For example, if the incident occurred in a business the employee who worked at that site might have recorded footage of the incident. If this is the case the tape should be requested from the company as soon as possible.

You should also keep track of the costs you have incurred in the aftermath of the accident. This could include medical bills and records of your treatment, receipts from medication, rental car fees, in-home care or assistance as well as transportation costs and more. It is important to record any income lost due to your injury. This can include old pay slips and tax returns.

It is also advisable to obtain the names of witnesses. They could be valuable sources of information for your case, particularly in the event that they are able to be present at trial. It is important to keep in mind that witnesses may alter their accounts and forget details about the incident over time.

Intake and Investigation

The intake process is critical to getting an adequate amount of compensation for your accident injuries regardless of whether you've filed an insurance claim or are suing the party at fault. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the accident to observe and document what they can.

This will allow them to assess the severity of the harm you've suffered, both in terms current and projected costs for your emotional or physical suffering. They will then review your current and future financial losses in order to estimate the value of your case. The damages could not be limited to only future and ongoing medical expenses, but also loss of income as well as property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also gather the driving and cell phone records of the at-fault drivers to determine if they were using their vehicle at the time. This is especially important in the event that there was a collision that involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the clock.

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

Negotiating a Settlement

After you've obtained the medical documents and obtaining the medical records, your lawyer can begin negotiations to settle the matter. In the beginning, the insurance company will offer an offer that is usually significantly lower than the amount you requested in your letter. This is an opportunity to assess the strength of your argument. When you counteroffer, it's crucial to emphasize the most important points that you have to your advantage. For instance, you can say that the insurer was at fault and that there were severe injuries as well as expensive medical expenses. Eventually, the back and forth negotiation should result in an amount that is fair and reasonable.

A skilled attorney for accidents can effectively argue for the merits of your case, including presenting evidence to support your losses. This may 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, such as lost income and suffering and pain.

If at this point the insurance company still refuses to provide a reasonable amount, we have the option to file a lawsuit in court. A trial usually lasts for about two or three days and is supervised by an individual judge (called a bench trial) or jurors. If your case settles before this point, it can take several months. Alternatively, your attorney may be capable of filing a motion for summary judge. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to prevail.

Filing an action

In the majority of car crash cases, the parties are able to settle their dispute without going to court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the person at fault. However, if there is no agreement our lawyers will bring a lawsuit against the defendant. The Complaint will outline your claims and details about the cause of the crash and why you deserve compensation. The defendant is served the Complaint and given a set time frame to respond.

During the discovery phase, our lawyers will share documents and other evidence with the defendant, while asking questions through interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, including how they believe the crash occurred and the injuries you've sustained. We will also request expert opinions that support our position.

During the discovery phase, auto accident your lawyer may submit legal documents, also known as motions with the court for a decision by the judge. This may include requests for the court to exclude certain evidence, or to set an appointment for trial. It can take up one year for Auto Accident the discovery process to be completed and a trial date to be set. It's crucial to consult with an experienced Long Island auto accident attorneys accident attorney early during the process.