The Intake Process for Car Accident Litigation
A lawyer who is specialized in the area of car accident litigation will assist you in determining how strong your case is and also how the settlement you receive could be worth. This is only possible if all the information you need is available.
Discovery is the very first step of a car
auto accident attorney case. During this stage attorneys and their teams exchange documents and ask each other questions under oath.
Documentation
Documentation is an integral element of an accident. This could include evidence such as medical records, photos or witness statements. The more evidence you have, the more convincing your case.
The first document you need is a law enforcement report. Typically the police officer that arrives at the scene of the accident will write the report, and it will provide crucial information on the circumstances of the crash and who was at fault for
netcallvoip.com the incident.
Your attorney can also use the law enforcement report to pursue additional evidence in the event of need. For example, if the incident took place in a commercial or office, an employee working at the location might have recorded footage of the incident. If this is the case the tape should be requested from the company as soon as is possible.
Record any expenses you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. These could include medical bills and records for your treatment, receipts for medicines rental car costs, in-home care or assistance transport costs, and many more. Also, you should document any income you lose due to your injury. You can utilize old tax returns and pay stubs.
If you can, get the names of any witnesses to the
auto accident as well. These people may be able to give valuable details, especially if are able to get them to be a witness in court. It's important to remember that witnesses may alter their accounts and forget details about the incident as time passes.
Intake and Investigation
The intake process is critical in obtaining an adequate amount of compensation for your injuries sustained in an accident regardless of whether you've made an insurance claim or are suing the responsible party. Your attorney will start by looking over your medical treatment documents, as well as copies of accident reports as well as other evidence. They will also go to and document the scene of the accident.
This information will enable them to understand the extent of the harm you've suffered in terms of future and current costs for your physical or emotional suffering. They will then review your financial losses to determine the worth of your case. Damages could comprise not only your current and future medical expenses 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 information about the driving habits and cell phones of the drivers who were at fault to see how they used their vehicle at that time. This is especially important if there was a collision involving an Uber or Lyft car or any other evidence that suggests the driver was on the clock.
Additionally, your attorney will likely ask questions regarding the defendant's prior criminal and traffic-related offenses as part of the discovery process. These details are typically not admissible, but can be used to undermine the defendant's credibility during cross-examination.
The process of negotiating a settlement
After you have received your medical records, you're able to begin negotiations for settlement. In the beginning the insurance company will present an offer that is usually substantially lower than the amount you requested in your letter. This is a tactic to test how convincing your case. In your counteroffer it is essential to highlight the most compelling arguments to your advantage. For instance, you can say the insurer was in the wrong and that there were serious injuries and significant medical expenses. Then, the back and forth negotiation will result in an amount that is reasonable and fair.
A skilled accident attorney will effectively argue the merits of your case, including presenting evidence that supports your losses. This may include photos of the car damage or a police report, as well as witness testimony. We also know how to calculate the value of different 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 may choose to file a lawsuit in court. A trial usually lasts between one and two days, and is judged by an attorney or a jury. If your case is settled prior to reaching this phase, the process can take months. Alternatively, your attorney may be capable of filing a motion for summary judgement. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to prevail.
Filing an action
In a majority of cases involving car accidents the parties are able to settle their dispute out of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the driver responsible for the accident. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will detail your claims and allegations about the circumstances of the crash and the reason you should be compensated. The defendant will be served with the Complaint and
pr.lgubiz.net given a particular amount of time to respond.
The discovery stage is when our attorneys and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, including what they believe happened, how they believe it occurred and what injuries you've sustained. We will also seek out experts to back our assertions.
During the discovery phase, your lawyer may submit legal documents, also known as motions to the court for a judge to decide on. This could include requests for the court's decision to exclude certain evidence or to set an appointment for trial. It can take up one year for the discovery process to be completed and a trial date to be set. This is why it's crucial to find a knowledgeable Long Island car accident
attorney early in the process.