The Intake Process for Car Accident Litigation
A lawyer who is specialized in the area of car auto accident lawsuits accident lawyer – redirected here – litigation will assist you in determining how strong your case is and how much your settlement could be worth. This is only possible when all the information you require is available.
The initial step in a lawsuit involving a car accident is called discovery. In this stage, attorneys and auto accident lawyer their teams discuss documents and answer questions under an oath.
Documentation
Documentation is an integral element of an accident. This could include evidence such photographs, medical records or witness statements. The more documentation that you have, the more convincing your case.
The first piece of documentation you should have is a law enforcement report. Typically the police officer that arrives at the scene of the accident will prepare the report, and it will provide crucial information on how the crash occurred and who was responsible for the incident.
If necessary, your attorney can use a police report to gather additional evidence. If the incident occurred at a place of business for instance employees may have recorded video footage. If this is the case, you should seek a copy from the business.
Record any expenses you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This could include medical bills as well as records of your treatment, receipts from medication rental car costs, in-home assistance or care transport costs, and many more. Additionally, you must document any lost income because of your injury. This could include old pay stubs as well as tax returns.
If you are able, obtain the names of any witnesses to the incident as well. These witnesses can be important sources of information in your case, especially in the event that they are able to be present at trial. But, it’s important to remember that witnesses may alter their stories over time and could forget specific details about the accident.
Intake and Investigation
Whether you have made a claim with an insurance company or are preparing a lawsuit against an at-fault driver, the process of obtaining an intake is essential to receive an adequate and fair settlement for the accident injuries. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports and other evidence. They will also go to and document the scene of the accident.
This will allow them to assess the severity of injuries you have suffered in relation to future and current costs for your emotional or physical suffering. They will then review your current and future financial losses to determine the worth of your case. The damages you suffer could include not only future and current medical expenses, but also your lost income and property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing the available evidence. They will also take the driving and cell phone records of the driver at fault in order to see how they used their vehicle during the time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was working while at work, as this could impact the ability of them to pay damages.
As part of the discovery process as part of the discovery process, your lawyer will inquire about the defendant’s criminal and traffic offence records. These information is generally not admissible, but can be used to undermine the defendant’s credibility during cross-examination.
Negotiating a Settlement
After receiving the medical records, it is possible to begin negotiations for settlement. The insurance company is likely to make an initial offer that is less than what you demanded in your letter. This is a way to assess the strength of your case. In the counteroffer, it’s crucial to emphasize the most important arguments you have in your favor – for example, that the insured was fully at fault and that you suffered severe injuries with significant medical expenses. The process of negotiating back and forth should eventually result in an acceptable and reasonable amount.
A skilled accident lawyer can successfully argue for your claim’s merits, including presenting evidence to prove your losses. This could include photos of car damage, police reports or witness testimony. We know how to calculate various elements of your claim like lost income as well as pain and suffering, and police reports.
If the insurance company refuses to pay an amount that is reasonable at this point, we may bring a lawsuit. A trial usually lasts for between one and two days. It is either heard by a judge (called a bench trial) or by a jury. If your case settles prior to reaching this stage it could take months. Your attorney may be eligible to file a motion for summary judge. This involves asserting all of the evidence in your favor and arguing that it’s impossible for the opposing side to prevail.
Filing an action
In a majority of cases involving car auto 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 at fault. If an agreement cannot be reached the lawyers of our firm will start an action against the defendant. The Complaint contains your claims and auto accident lawyer allegations regarding the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular amount of time to respond to it.
The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their perspective on the events, including what injuries you’ve sustained and how they believe it took place. We will also seek out expert opinions that will support our stance.
During the discovery phase, your lawyer can prepare legal documents referred to as motions in court to be ruled on by the judge. This may include requests for the court to exclude certain evidence or set an appointment for trial. It could take a full year or more to complete the discovery process and determine a trial date for your case. This is why it’s important to consult with a seasoned Long Island car accident attorney early on in the process.