The Intake Process for Car Accident Litigation

A lawyer that specializes in the area of car accident litigation will help you determine how strong your case is and how much your settlement could be worth. 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. In this phase, attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

The majority of the work involved in a car North Arlington whiteville auto accident lawsuit Accident Lawyer [Vimeo.Com] case is collecting evidence. This can include evidence such as photographs, medical records, or witness statements. The more evidence you have, the more convincing your case will be.

A police report is the first document you should have. The police officer who arrives at the accident scene will usually write a report. It will provide important information regarding the accident as well as who was responsible.

If required your lawyer has the option of using an investigation report to collect additional evidence. For instance, if an incident took place in a commercial, an employee at that location might have recorded footage of the incident. If this is the case a copy of the tape should be requested from the business as quickly as it is possible.

It is also important to document the costs you have incurred as a result of the accident. This could include medical bills, records of your treatment, receipts from medications rental car fees as well as in-home assistance or care expenses for transportation, and more. You should also document any income lost due to your accident. You can use old tax returns and pay stubs.

If you are able, obtain the names of any witnesses to the accident as well. These people can serve as valuable sources of information for your case, particularly if they are able to be present at trial. It is 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 essential to obtaining an adequate amount of settlement for your accident-related injuries, whether you have filed a claim with an insurance company or are suing the responsible party. Your attorney will start by reviewing your medical treatment documents, as well as copies of accident reports and other available evidence. They will also visit the scene of the crash to observe and lexington auto accident law firm document what they can.

This will help them to assess the severity of the injuries you've sustained in relation to actual and projected costs for your emotional or physical suffering. Then, they will look at your financial losses to determine the worth of your case. The damages could include not only future and ongoing medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing the available evidence. They will also collect driving and cell phone records of the at-fault drivers to determine if they were using their vehicle at the time. This is particularly 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 their ability to pay for your damages.

As part of the process of discovery as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal offense records. These information is generally not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

Once you have received the medical records, it is possible to start settlement negotiations. The insurance company may make an initial offer that is less than what you demanded in your letter. This is a way to test the credibility of your argument. In the counteroffer, it's crucial to highlight the most powerful arguments you have in your favor - for instance, that the insured was entirely at the fault and that you sustained serious injuries that resulted in high medical costs. Eventually, negotiations back and forth will result in an amount that is both reasonable and fair.

A skilled attorney can successfully argue your claim's merits including presenting proof to support your losses. This could include photos of the car's damage as well as a police report and witness testimony. We have the ability to calculate various elements of your claim like lost income, pain and suffering and police reports.

If the insurance company refuses to pay an amount that is reasonable at this point, we can start a lawsuit. A trial usually lasts one or two days and is either heard by an individual judge (called a bench trial) or a jury. If your case settles before this point, it can take several months. Your attorney might also be able to file a summary judgment motion. This is where you present all the evidence in your favor and arguing that it is impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car accident instances, parties can resolve their disagreement without going to court. Our team will help you negotiate an agreement with the insurance company or directly with the at-fault party. If an agreement is not reached our lawyers will start a lawsuit against the defendant. The Complaint will detail your claims and allegations about the cause of the crash and the reasons you are entitled to compensation. The defendant is served with the Complaint and given a set amount of time to answer.

During the discovery phase, our attorneys will discuss documents and other evidence with the defendant while asking questions through interrogatories and fairview park auto accident Lawyer depositions. Our team will be asking questions to the lawyer of the defendant regarding their version of the events, such as what injuries you've sustained and what they believe happened. happened. We will also seek expert opinions to support our claims.

During the discovery phase, your lawyer can file legal documents known as motions with the court to be decided by an individual judge. This can include requests for the court to exclude certain evidence or set the date for a 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 work with an experienced Long Island car accident attorney early on in the process.