The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to assist you determine the potential strength of your case and the amount of settlement you could receive. This is only possible when all the information you require is available.

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

Documentation

Documentation is a significant part of the work in a car accident. This could be evidence like medical records, photos or witness statements. The more documentation that you have the more convincing your case.

The first piece of documentation you need is a law enforcement report. Typically, the police officer who comes to the scene of the accident will write reports, Vimeo and these will provide important information about how the crash occurred and who was responsible for the incident.

Your lawyer can also make use of an official report from law enforcement to seek additional evidence in the event of need. For example, if the incident occurred in a business, Vimeo an employee at that area may have recorded footage of the incident. If that's the case, a copy of the tape should be requested from the business as quickly as it is possible.

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

You should also find the names of witnesses. These people can serve as important sources of information in your case, particularly those who are able to be a witness in a trial. It is important to keep in mind that witnesses may change their story and forget details about the incident as time passes.

Intake and Investigation

The intake process is essential to getting fair settlement for your accident-related injuries regardless of whether you've filed an insurance claim or you are suing the person at fault. Your lawyer will begin by reviewing your medical treatment records, obtaining copies of accident reports, and other evidence. They will also visit the scene of the crash to take note of what they can.

This information will allow them to understand the extent of the injuries you've sustained in terms of actual and projected costs for your emotional or physical suffering. They will then review your existing and expected financial losses to estimate the total value of your case. The damages you suffer could include not just future and present medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also gather data from the cell phone and driving records of the drivers who were at fault to determine how they operated their vehicle at the time. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working while on the job, since this could affect the ability of them to pay damages.

As part of the discovery procedure as part of the discovery process, your lawyer will ask about the defendant's criminal and traffic offence records. In general, these information are not admissible in court but they can be useful to discredit the credibility of the defendant during cross-examination.

Negotiating a Settlement

After receiving the medical records, you are able to begin settlement negotiation. The insurance company is likely to make an initial offer that is less than the amount you demanded in your letter. This is a method to test the strength of your case. In the counteroffer, it is important to highlight the strongest arguments in your favor, for instance, that the insured was entirely at the fault, and that you suffered severe injuries with the highest medical costs. In the end, a lot of bargaining back and forth should get you to an amount that is both reasonable and fair.

A skilled accident lawyer can effectively argue for your claim's merits, including presenting evidence to prove your losses. This could include photos of the car damage, police reports and witness testimony. We also know how to calculate the value of different elements of your claim, such as lost income and pain and suffering.

At this point, if the insurance company continues to refuse to provide a reasonable amount, we can choose to file a lawsuit in court. A trial typically lasts one or two days and is supervised by a judge (called a bench trial) or by jurors. If your case is settled prior to this phase, it can take several months. Your attorney may also be able file a summary motion to enter judgment. This involves asserting that all evidence is in your favor and arguing that it's impossible for the opposition to prevail.

Filing a Lawsuit

In the majority of car crash instances, parties can resolve their disagreement without going to court. Our team will work to assist you in negotiating a settlement with the insurance company or directly with the person at fault. However, if there is no agreement our lawyers will bring a lawsuit against the defendant. The Complaint will list your assertions and allegations regarding the cause of the crash and why you deserve compensation. The defendant will be served the Complaint and given a specific period of time to respond.

During the discovery phase, our lawyers will exchange documents and other material with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as how they believe the crash occurred and the injuries you've sustained. We will also look for expert opinions to support our position.

During the discovery stage, your lawyer will prepare legal documents referred to as motions to the court for a decision by a judge. This could include asking the court to omit evidence or to schedule a trial. It can take a year or more to complete the discovery process and set a trial date for your case. It is essential to speak with an experienced Long Island decatur auto accident law firm accident attorney at the earliest possible point during the process.