Expert Advice On Auto Accident Claim From A Five-Year-Old
The Intake Process for Car Accident Litigation
A lawyer with expertise in the field of car accident litigation can help you determine how solid your case is, and how the settlement may be worth. This is only possible when all the information you require is available.
Discovery is the first step of a car accident case. In this phase, attorneys and their teams will discuss documents and answer questions under oath.
Documentation
Documentation is a major component of an auto accident law firms accident. This can include evidence like photographs, medical records or witness statements. The more evidence you have the more convincing your case.
A police report is the very first document you need. The police officer who arrives at the scene of an auto accident lawyers is likely to prepare a written report. This will provide valuable details about the incident and who was responsible.
If needed your lawyer has the option of using the police report to gather additional evidence. If the incident occurred at an office, for example an employee could have recorded video footage. If this is the case the tape should be requested from the business as quickly as is possible.
You should also keep track of the expenses you incur as a result of the accident. These could include medical bills or records of treatment, receipts from medications rental car fees, in-home assistance or care expenses for transportation, and more. Additionally, you must record any income loss because of your accident. This could include old pay stubs and tax returns.
If you can, collect the names of any witnesses to the accident as well. They may be able to provide valuable information, especially if you are able to get them to appear in court. It's important to keep in mind that witnesses can alter their narratives and forget specifics about the incident as time passes.
Intake and Investigation
If you've made an insurance company or are starting legal action against a negligent driver, the intake process is essential to receive an adequate and fair settlement for the accident injuries. Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.
This will help them to comprehend the extent of the injuries you've suffered, both in terms future and current costs for your physical or emotional suffering. They will then review your financial losses to determine the value of your case. The damages you incur could include not only your present and future medical costs but also lost income and property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also collect the driving and cell phone records of the drivers at fault to see how they used their vehicle during the time. This is particularly important if there was a collision that involved an Uber or Lyft car or any other indication that the driver was working around the clock.
As part of the discovery process as part of the discovery process, your lawyer will inquire about the defendant's criminal and traffic offense records. These facts are usually not admissible, but they could be used to undermine the defendant's credibility during cross-examination.
Negotiating a Settlement
Once you have received the medical records, it is possible to begin settlement negotiations. The insurance company will typically make an initial offer that is much less than what you requested in your letter. This is a tactic to assess how strong your case is. In the counteroffer, it is important to highlight the strongest arguments for your side - for example, the insured was completely at fault and that you suffered severe injuries with high medical expenses. Negotiating back and forth could eventually lead to a fair and reasonable amount.
A skilled attorney for accidents will effectively argue the merits of your case, including presenting evidence to support your losses. This could include photos of car damage, police reports and witness testimony. We are able to calculate various aspects of your claim like lost income as well as pain and suffering, and police reports.
If the insurance company refuses to pay an appropriate amount at this point, we may bring a lawsuit. A trial usually lasts one or two days and is supervised by an individual judge (called a bench trial) or by a jury. If your case settles before this stage, it can take several months. In addition, your attorney might be in a position to file a motion for summary judgment. This involves arguing that all evidence is in your favor and arguing that it's impossible to allow the opponent to prevail.
Filing a Lawsuit
In the majority of car crash cases, the parties are able to resolve their disagreement without going to court. Our team will work to help you negotiate a settlement with the insurance company, or directly with the person at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The complaint contains your claims and allegations about the auto accident lawsuit and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specific amount of time to respond.
During the discovery phase, our attorneys will exchange documents and other material with the defendant while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of events, including the circumstances under which they believe the crash happened and what injuries you've suffered. We will also seek out expert opinions that enforce our position.
During the discovery phase, your lawyer may prepare legal documents referred to as motions with the court to be ruled on by a judge. This may 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 set the date of trial for your case. This is why it's crucial to consult with a seasoned Long Island car accident attorney at the beginning of the process.