Nine Things That Your Parent Teach You About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer who is experienced in the field of car accident litigation will be able to assist you determine the strength of your case and the amount of settlement you could receive. This is only possible if all the information you require is available.

Discovery is the initial step of an auto accident case. During this phase attorneys and their teams will discuss documents and answer questions under the oath.

Documentation

Documentation is a major part of the work in an auto accident law firms accident (like it). This could include evidence such photographs, medical records, or witness statements. The more evidence you have to back 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 prepare reports, and these will provide important information about how the crash occurred and who was at fault for the incident.

If necessary your lawyer has the option of using an investigation report to collect additional evidence. If the incident occurred in the business environment such as a place of business an employee could have recorded video footage. If this is the case, you should request a copy of the video from the business.

It is also important to document any expenses you incurred as a result of the accident. This could include medical expenses and records of your treatment, medication receipts rental car fees as well as in-home assistance or care as well as transportation costs. It is also important to document any income lost due to your injury. You can use tax returns and pay stubs.

You should also try to obtain the names of witnesses. They could be valuable sources of information for your case, especially in the event that they are able to be present at trial. However, it is important to keep in mind that witnesses can alter their story over time and they may forget details about the incident.

Intake and Investigation

Whether you have filed an insurance claim with an company or are preparing an action against the at-fault driver, the process of intake is essential to receive full and fair compensation for your injuries from a crash. Your lawyer will begin by examining your medical records, obtaining copies of accident reports as well as other evidence. They will also visit the scene of the crash to record and observe what they can.

This will help them to assess the severity of the injuries you've suffered in terms of current and projected costs for your physical or emotional suffering. Then, they will look at your current and future financial losses to estimate the value of your case. The damages you incur could include not just your current and future medical costs but also income loss and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also obtain driving and cell phone records of the at-fault drivers to determine how they operated their vehicle during the time. This is particularly important when there was a collision with an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the clock.

In addition to this the lawyer may ask questions regarding the defendant's prior criminal and traffic-related offenses as part of the discovery process. These facts are usually not admissible, but can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

Once you have the medical records, your lawyer can begin negotiations to settle the matter. The insurance company will often make an initial offer that is much less than the amount you demanded in your letter. This is a method to assess how strong your case is. In the counteroffer, it's important to emphasize the strongest arguments in your favor, for example, the insured was completely at the fault, and that you suffered severe injuries with high medical expenses. Then, back and forth bargaining will lead to an amount that is both fair and reasonable.

A skilled attorney can effectively argue for your claim's merits, by presenting evidence to justify your losses. This may include photos of the damage to your car as well as a police report and witness testimony. We have the ability to calculate the various components of your claim, including lost income as well as pain and suffering, and police reports.

If the insurance company refuses to pay an amount that is reasonable at this point, we may file a lawsuit. A trial typically lasts between one and two days and is ruled on by either a judge or jury. If your case is settled prior to reaching this stage it could take months. Your attorney may also be able to file a summary judgment motion. This involves asserting that all evidence is in your favor, and arguing that it's impossible to allow the opposition to win.

Filing a Lawsuit

In the majority of car crash cases, the parties can settle their disputes without going to court. Our team will help you negotiate a settlement with the insurance company of the other driver company or directly with the at-fault party. However, if there is no agreement, our lawyers will initiate a lawsuit against the defendant. The Complaint will include your assertions and allegations regarding how the accident occurred and why you deserve compensation. The defendant will be served the Complaint and given a particular period of time to respond to it.

During the discovery phase, our lawyers will share documents and other information with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions about their view of events, focusing on what they believe happened, how they believe it took place and what injuries you've suffered. We will also look for experts to back our assertions.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court to a judge's decision on. This can include requesting the court to exclude evidence or set a trial date. It could take a full year or more to complete the discovery process and set the date of trial for your case. It is imperative to speak with an experienced Long Island auto accident law firm accident attorney early in the process.