The Intake Process for Car Accident Litigation

A lawyer who is experienced in litigation involving car accidents will be able to assist you determine the strengths of your case as well as the amount of settlement you can receive. But this is only feasible when you have all the necessary information.

The initial step in a car accident lawsuit is known as discovery. During this stage, attorneys and their teams will communicate with each other and ask questions under the oath.

Documentation

Documentation is a large component of an accident. This may include evidence like photographs, medical records, or witness statements. Generally, the more documentation you have to back your claim the stronger your argument will be.

The first document that you must have is a law enforcement report. Typically, the police officer who arrives at the scene of the crash will prepare a report, and this will give important details about how the accident occurred and who was responsible for the incident.

If necessary you need to, your attorney can make use of an investigation report to collect additional evidence. For example, if the incident took place in a commercial the employee who worked at that area may have recorded footage of the incident. If this is the case, ask for a copy of the footage from the company.

You should also keep track of the expenses you incur in the aftermath of the accident. This could include medical bills and records of your treatment, receipts for medication rental car costs as well as in-home care or assistance transport costs, and many more. Additionally, you must document any lost income due to your accident. You can use your old tax returns and pay stubs.

If you are able to, request the names of any witnesses to the accident as well. These witnesses can be valuable sources of information for your case, particularly if they are able to testify at trial. It is important to remember that witnesses can alter their story and forget details regarding the accident as time passes.

Intake and Investigation

If you have filed a claim with an insurance company or are preparing a lawsuit against an at-fault driver, the initial intake process is essential to receive full and fair compensation for your injuries from a crash. Your attorney will begin by reviewing your medical records, as well as obtaining copies accident reports and other evidence. They will also go to the scene of the crash to observe and document what they can.

This information will assist them comprehend the severity of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. Then, they will review your financial losses to determine the value of your case. The damages could not be limited to just future and present medical expenses, but also your lost income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing the available evidence. They will also take information about the driving habits and cell phones of the driver at fault in order to see how they used their vehicle at the time. This is particularly important if there was a collision with an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the clock.

In addition to this, your attorney will likely ask questions about the defendant's criminal and traffic convictions during the discovery process. Generally, these details are not admissible in court, but they could be helpful to impeach the defendant's credibility during cross-examination.

Negotiating a Settlement

After you've obtained the medical documents, your lawyer can begin negotiations on settlement. The insurance company may make an initial offer that is lower than the amount you requested in your letter. This is an opportunity to test the strength of your argument. In the counteroffer it is crucial to emphasize the most important arguments for your side - for example, the insured was fully at the fault, and that you suffered severe injuries with high medical costs. Negotiating back and forth could eventually lead to an acceptable and reasonable amount.

An experienced huron auto accident law firm lawyer can successfully argue for your claim's merits, including presenting proof to support your losses. This could include photos of car damage, police reports, and witness testimony. We know how to determine the various elements of your claim like loss of income along with pain and suffering as well as a police report.

If at this point the insurance company refuses to provide a reasonable amount, we have the option to file a lawsuit in court. A trial usually lasts between one and two days, and is conducted by jurors or a judge. If your case is settled before reaching this phase, the process can take months. Your attorney might also be able to file a summary motion for judgment. This involves arguing that all evidence is in your favor and arguing that it is impossible for lawsuit the opposing side to prevail.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to resolve their disputes without going to court. Our team will work to help you negotiate a settlement with the insurance company of the other driver company or directly with the party at fault. If an agreement is not reached our lawyers will start a lawsuit against the defendant. The Complaint will list your claims and allegations regarding how the crash occurred and why you are entitled to compensation. The defendant is served the Complaint and given a specified time frame to respond.

During the discovery phase, our lawyers will share documents and other material with the defendant while asking questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their view of events, focusing on the circumstances under which they believe the crash happened and what injuries you have suffered. We will also request expert opinions that support our position.

During the discovery phase, your lawyer may submit legal documents, also known as motions with the court to be ruled on by the judge. This can include requesting the judge to exclude evidence or to schedule a trial. It could take a year or more to complete the discovery process and establish the trial date for your case. It is essential to speak with an experienced Long Island germantown auto accident law firm accident attorney early during the process.