The 9 Things Your Parents Taught You About Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who is specialized in litigation involving car accidents can assist you in determining how strong your case is and also how the settlement you receive could be worth. However this is only possible with all the relevant information.
Discovery is the first stage of an auto accident law firms accident case. During this phase attorneys and their teams will discuss documents and answer questions under oath.
Documentation
Documentation is an integral element of an auto accident. This could include evidence such as photographs, medical records, or witness statements. Generally, the more documentation you have to support your claim the more convincing your claim will be.
A law enforcement report is the very first document you should have. The police officer who arrives at the scene will usually write a report. This report will provide important information regarding the accident as well as who was responsible.
Your lawyer may also utilize an official report from law enforcement to seek additional evidence, if needed. If the incident occurred at the workplace such as a place of business, an employee may have recorded video footage. If this is the case, you should request a copy from the company.
You should also document the expenses you incur due to the accident. This can include medical bills as well as records of your 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 injury. This can include old pay stubs and tax returns.
If you can, collect the names of witnesses to the incident as well. They may be able to provide valuable information, especially if you are able to get them to testify in court. However, it is important to keep in mind that witnesses are prone to altering their accounts over time, and could forget specific details about the incident.
Intake and Investigation
If you've made an insurance claim with an company or have started an action against an at-fault driver, the process of obtaining an intake is crucial to getting full and fair compensation for the injuries you sustained in a crash. Your attorney will begin by examining your medical records and then obtaining copies of accident reports, as well as other evidence. They will also go to and document the accident scene.
This information will assist them determine the extent of your injuries both in terms of future and current costs for your emotional and physical suffering. Then, they'll review your financial losses to determine the worth of your case. Your damages may include not only future and ongoing medical expenses, but also your loss of income as well as property damage.
Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and reviewing any available evidence. They will also collect driving and cell phone records of the drivers at fault to determine how they used their vehicle during the time. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was on the job, since this could negatively impact their ability to pay for your damages.
As part of the discovery process Your lawyer will ask about the defendant's criminal and traffic offense records. Generally, these details are not admissible in court but they can be useful to impeach the defendant's credibility during cross-examination.
The process of negotiating a settlement
Once you have the medical records, you are able to begin negotiations for settlement. The insurance company is likely to make an initial offer that is lower than the amount you requested in your letter. This is a way to assess the strength of your case. In your counteroffer it is crucial to emphasize the most important arguments in your favor. For instance, you could argue the insurer was responsible and that there were severe injuries and high medical costs. Negotiating back and forth should eventually result in a fair and reasonable amount.
An experienced accident lawyer can effectively argue your claim's merits, including presenting evidence to back your losses. This may include photos of the car damage as well as a police report and witness testimony. We know how to determine the various elements of your claim, including lost income, pain and suffering and police reports.
At this point, if the insurance company continues to refuse to offer a reasonable amount, we can choose to make a claim in court. A trial usually lasts between one and two days. It can be heard by an individual judge (called a bench trial) or jurors. If your case settles before this stage it could take a few months. Your attorney might also be able to file a summary motion to dismiss. This means claiming that all evidence is in your favor, and arguing that it's impossible to allow the other side to prevail.
Filing an action
In the majority of cases involving car accidents the parties can resolve their disagreement outside of court. Our team will assist you in negotiating a settlement with the insurance company of the other driver company or directly with the at-fault party. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint contains your claims and auto accident allegations about the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specified amount of time to respond.
During the discovery phase, our attorneys will exchange documents and other information with the defendant and ask questions through interrogatories and depositions. Our team will be asking questions to the lawyer for the defendant about their view of the events, focusing on what injuries you have suffered and what they believe happened. occurred. We will also seek out expert opinions to support our claims.
During the discovery process, your lawyer can submit legal documents known as motions to the court for a judge's ruling on. This could include requests for the court to block certain evidence or set an appointment for trial. It could take up to an entire year for 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 attorney at the earliest possible point during the process.