The Intake Process for Car Accident Litigation
A lawyer who is experienced in car accident litigation will be able to help you determine the strength of your case and what settlement amount you might get. This is only possible when all the information you need is available.
Discovery is the first stage of an auto accident case. During this stage, attorneys and their teams will exchange documents and ask questions under oath.
Documentation
A large portion of the work involved in a car accident case is collecting evidence. This could include evidence such photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will become.
The first document that you must have is a report from the police. The police officer who arrives at the scene of the accident will usually prepare a report. It will give valuable details about the incident and who was responsible for it.
If necessary your attorney has to use a police report to gather additional evidence. For instance, if an accident happened in a business, an employee at that location might have recorded video footage of the incident. If this is the situation, a copy of the tape must be requested from the company as soon as possible.
Note any costs you have incurred as a result of the accident. Record any costs you incur due to. These could include medical bills and records for your treatment, receipts for medications, rental car fees home care or assistance expenses for transportation, and more. You should also document any income loss due to your injury. You can use tax returns and pay stubs.
If you are able to, request the names of any witnesses to the accident as well. They can be important sources of information in your case, especially in the event that they are able to testify at trial. However, it is important to keep in mind that witnesses can alter their testimony over time and may forget details of the incident.
Intake and Investigation
If you've made an insurance claim with an company or are preparing a lawsuit against an at-fault driver, the initial intake process is essential to obtaining full and fair compensation for the accident injuries. Your lawyer will begin by reviewing your medical treatment records, and obtaining copies of accident reports as well as other evidence. They will also go to the scene of the crash to document and observe what they can.
This will allow them to assess the severity of injuries you have suffered in terms of future and current costs for your emotional or physical 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 only your current and future medical expenses, but also lost income and property damage.
Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also collect the driving and cell phone records of the driver at fault in order to determine how they operated their vehicle at that time. This is especially important if there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the clock.
As part of the process of discovery Your lawyer will inquire about the defendant's traffic and criminal offence records. Generally, these details are not admissible in court but they can be useful to undermine the credibility of a defendant in cross-examination.
Negotiating a Settlement
After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company will typically make an initial offer that is much less than the amount you requested in your letter. This is a tactic to test how convincing your case. In the counteroffer, it is crucial to emphasize the most important points in your favor - for example, the insured was entirely at the fault, and that you suffered serious injuries that resulted in high medical expenses. In the end, back and forth bargaining should result in an amount that is both fair and reasonable.
A skilled attorney for accidents can effectively argue the merits of your case, including presenting evidence to support your losses. This may include photos of the car's damage, a police report and witness testimony. We also know how to determine the value of each element of your claim, such as lost income and pain and suffering.
If, at this point, the insurance company still refuses to provide a reasonable amount, we may choose to make a claim in court. A trial typically lasts between one and two days, and is judged by either a judge or jury. If your case settles before reaching this phase the process could last months. Your attorney may be in a position to file a motion for summary judgment. This involves asserting that all evidence is in your favor, and arguing it's impossible for the opposition to prevail.
Filing an action
In the majority of cases involving car accidents parties can settle their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint will list your claims and allegations about how the accident occurred and the reasons you are entitled to compensation. The defendant is served with the Complaint and given a specific period of time to reply.
During the discovery phase, our lawyers will exchange documents and other information with the defendant while asking questions through interrogatories and depositions. Our team will be asking questions to the defendant's lawyer about their version of the events, such as what injuries you've suffered and what they believe happened. happened. We will also request expert opinions that support our position.
During the discovery process, your lawyer can submit legal documents known as motions to the court for a judge to rule on. This may include requesting the court to omit evidence or schedule a trial. It could take up to a year for the discovery process to be completed and a trial date set. auto accident attorney fullerton is why it's vital to work with an experienced Long Island car accident attorney at the beginning of the process.