The Intake Process for Car Accident Litigation
A lawyer who has experience in defending car accident cases can help you determine the strength of your case and the amount of settlement you can get. But it is only possible when you have all the information needed.
The initial step in a lawsuit involving a car accident is known as discovery. During this stage attorneys and their teams exchange documents and discuss their respective cases under the oath.
Documentation
Documentation is a major part of the work in an
auto accident lawsuits accident law firms,
www.Mazafakas.com, accident. This could include evidence such photographs, medical records or witness statements. The more evidence you have the more convincing your case will be.
The first document that you must have is a report from the police. The police officer who arrives at the scene will usually prepare a report. This will provide valuable information regarding the accident as well as who was responsible for it.
Your attorney can also use the law enforcement report to gather additional evidence if required. If the
auto accident law firm happened in a place of business for instance an employee might have recorded video footage. If this is the case, you must request a copy of the video from the business.
It is also important to document the expenses you incur due to the accident. These could include medical bills and records of your treatment, receipts from medication rental car costs, in-home care or assistance transport costs, and more. Also, you should document the loss of income due to your accident. This can include old pay stubs and tax returns.
If you are able to, request the names of witnesses to the incident as well. These people can serve as important sources of information in your case, particularly when they can be a witness in a trial. It's important to keep in mind that witnesses could alter their narratives and forget specifics about the incident over time.
Intake and Investigation
The process of intake is crucial to getting fair settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or are suing the responsible party. 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 document and observe what they can.
This information will allow them to determine the extent of your injuries both in terms of current and projected future costs for your emotional and physical suffering. Then, they will review your financial losses in order to estimate the value of your case. Your damages can include not only your current and future medical costs but also income loss and property damage.
Your lawyer will also investigate the incident, including questioning witnesses and analyzing all available evidence. They will also gather the driver at fault's driving records and cell phone records to see how they used their vehicle at the time of the collision. This is particularly important if there was a collision with an Uber or Lyft car or any other evidence that suggests the driver was working around the clock.
As part of the process of discovery the lawyer will ask about the defendant's traffic and criminal offense records. Generally, these details are not admissible in court, however they can be useful to undermine the credibility of a defendant in cross-examination.
The process of negotiating a settlement
Once you have the medical records after which your lawyer can start negotiations on settlement. The insurance company will often make an initial offer that is much smaller than the amount that you demanded in your letter. This is an opportunity to assess the strength of your case. In your counteroffer, it is crucial to emphasize the most important points you have in your favor. For instance, if you claim that the insurer was responsible and that there were serious injuries as well as high medical costs. Negotiating back and forth should eventually lead to a fair and reasonable amount.
An experienced accident lawyer can effectively argue your claim's merits, by presenting evidence to justify your losses. This may include photos of the damage to your vehicle as well as a police report and witness testimony. We are able to calculate the various components of your claim like loss of income, pain and suffering and police report.
At this point, if the insurance company continues to refuse to provide a reasonable amount, we can choose to make a claim in court. A trial usually lasts one or two days and can be heard by a judge (called a bench trial) or by jurors. If your case settles before this stage it could take several months. Your lawyer may also be able file a summary judgment motion. This means claiming that all evidence is in your favor, and arguing that it's impossible for the opponent to prevail.
Filing a Lawsuit
In the majority of cases involving car accidents parties are able to settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will list your assertions and allegations regarding how the crash occurred and the reason you should be compensated. The defendant is served the Complaint, and given a specific time frame to respond.
The discovery stage is when our lawyers and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will pose questions to the lawyer of the defendant regarding their view of the events, such as what damages you've suffered and what they believe happened. took place. We will also seek expert opinions to support our position.
During the discovery phase, your lawyer may prepare legal documents referred to as motions with the court for the decision of an individual judge. This may include requesting the court to exclude evidence or schedule a trial. It can take up to an entire year for the discovery process to be completed and a trial date to be set. This is why it's vital to consult with a seasoned Long Island car accident attorney early in the process.