The 10 Worst Auto Accident Claim FAILURES Of All Time Could Have Been Prevented

The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases will be able to help you determine the strength of your case and the amount of settlement you could receive. But this is only possible when you have all the relevant information.

The first step in a car accident lawsuit is called discovery. During this stage, attorneys and their teams discuss documents and answer questions under an oath.

Documentation

A large portion of the work that goes into a car accident case is collecting documentation. This can include evidence such as medical records, photos, or witness statements. Generally, the more documentation you have to back your claim, the stronger your claim will be.

The first document you need is a police report. The police officer who arrives at the scene of an accident will typically prepare a report. This will provide valuable details about the incident and the person responsible for it.

If needed your lawyer has the option of using a police report to gather additional evidence. For instance, if the incident occurred in a business the employee who worked at that site might have recorded footage of the incident. If this is the situation, a copy of the tape must be requested from the business as quickly as possible.

It is also important to document any expenses you incurred as a result of the accident. This can include medical bills or records of treatment, receipts for medication rental car expenses for in-home assistance, care at home as well as transportation costs. It is important to record any income you lose due to your accident. This could include old pay stubs, as well as tax returns.

It is also advisable to get the names of witnesses. These people may be able to provide valuable information, especially if are able to have them be a witness in court. It is important to remember that witnesses may change their stories and forget details about the incident as time passes.

Intake and Investigation

If you have filed an insurance firm or are beginning a lawsuit against an at-fault driver, the intake process is essential for obtaining full and fair compensation for the auto accident attorneys accident law firms [Going In this article] injuries. Your attorney will start by looking through your medical documents, as well as copies of accident reports and other available evidence. They will also visit and document the accident scene.

This will allow them to understand the extent of injuries you have suffered, both in terms actual and projected costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to estimate the value of your case. The damages could not be limited to only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation and interview witnesses and reviewing all available evidence. They will also obtain data from the cell phone and driving records of the driver at fault in order to determine how they operated their vehicle at the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while working, as this could negatively impact the ability of them to pay damages.

In addition, your attorney will likely ask questions about the defendant's past criminal and traffic-related offenses during the discovery process. These details are generally not admissible in court, however they can be useful to impeach the defendant's credibility during cross-examination.

Negotiating a Settlement

After you've obtained the medical documents and obtaining the medical records, your lawyer can begin negotiations for settlement. In the beginning the insurance company will present an offer which is usually much lower than what you demand in the letter. This is a tactic to assess how strong your case is. In the counteroffer, it's crucial to emphasize the most important 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 an equitable and reasonable amount.

An experienced attorney will effectively argue the merits of your claim including presenting evidence to support your losses. This may include photos of your car damage, police reports, and witness testimony. We know how to calculate the various components of your claim such as loss of income, pain and suffering and police reports.

If the insurance company refuses to pay a reasonable amount at this point, we may make a claim. A trial typically lasts between one and two days, and is judged by jurors or a judge. If your case is settled prior to reaching this stage the process could take months. Your lawyer may also be able file a summary motion to dismiss. This involves asserting all of the evidence in your favor and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident cases the parties can settle their dispute out of court. Our team will work to help you negotiate a settlement with the insurance company or directly with the person at fault. However, if there is no agreement the lawyers of our firm will start an action against the defendant. The Complaint will list your claims and allegations about how the accident occurred and the reason you should be compensated. The defendant is served with the Complaint, auto accident law firms and given a specified amount of time to respond.

During the discovery phase, our lawyers will share documents and other materials with the defendant and ask questions through interrogatories and depositions. Our team will be asking questions to the lawyer of the defendant regarding their view of the events, including what damages you've suffered and how they believe it occurred. We will also seek experts to back our assertions.

During the discovery process your lawyer may submit legal documents, also known as motions to the court for a judge to decide on. This may include requesting the court to omit evidence or set a trial date. It can take up a year for the discovery process to be completed and a trial date scheduled. This is why it's crucial to partner with an experienced Long Island car accident attorney early in the process.