The Intake Process for Car Accident Litigation

A lawyer who is experienced in the field of car accident litigation can help you determine the strengths of your case as well as what settlement amount you might receive. This is only possible when all the information you require is available.

The initial step in a lawsuit involving a car accident is known as discovery. In this phase, attorneys and their teams discuss documents and answer questions under oath.

Documentation

Documentation is an integral element of an accident. This could include evidence such medical records, photos or witness statements. Generally speaking, the more evidence you can provide to support your claim, the stronger your case will be.

The first piece of evidence you need is a report from the police. Typically, the police officer who comes to the scene of the accident will draft a report, and this will give important details about the circumstances of the crash and who was at fault for the incident.

If required you need to, your attorney can make use of the police report to gather additional evidence. If the incident occurred in the business environment such as a place of business employees may have recorded video footage. If this is the case, a copy of the tape must be requested from the company as soon as is possible.

Keep track of any expenses you incur due to the accident. This can include medical bills or records of treatment, medication receipts, rental car charges as well as in-home assistance or care transport costs, and many more. Additionally, you must keep track of any income loss because of your accident. This could include old pay slips and tax returns.

You should also get the names of witnesses. They could be important sources of information in your case, especially those who are able to testify at trial. However, it's important to keep in mind that witnesses can alter their testimony over time and forget details of the accident.

Intake and Investigation

The intake process is critical in obtaining fair compensation for your Derby auto accident lawyer injuries, whether you have made an insurance claim or are suing the at-fault party. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the south ogden auto accident attorney.

This information will allow them to understand the extent of your injuries in relation to future and current costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to determine the value of your case. The damages could include not only current and future medical expenses, but also loss of income as well as property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and reviewing any available evidence. They will also collect data from the cell phone and driving records of the at-fault drivers to see how they used their vehicle during the time. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle, or any other indication that the driver was on the clock.

In addition your attorney may inquire about the defendant's previous criminal and traffic-related offenses in the discovery process. These details are generally not admissible, but they could be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

Once you have received the medical records, you are able to start settlement negotiations. The insurance company will typically make an initial offer that is less than what you requested in your letter. This is a way to determine the credibility of your argument. In your counteroffer, it is important to highlight the strongest arguments you have in your favor. For example, the insurer was in the wrong and that there were severe injuries as well as the medical costs were high. Negotiating back and forth should eventually result in an appropriate and fair amount.

An experienced accident lawyer can effectively argue your claim's merits, including presenting proof to support your losses. This could include photos of car damage, police reports or witness testimony. We also know how to calculate the value of each element of your claim, such as lost income and pain and suffering.

If the insurance company refuses to pay a reasonable amount at this point, we could bring a lawsuit. A trial usually lasts for about two or three days and is either heard by an individual judge (called a bench trial) or by jurors. If your case is settled before this point it could take a few months. Or, your lawyer may be eligible to file an application for summary judgment. This involves arguing that all evidence is in your favor, and arguing that it's impossible for the other side to prevail.

Filing an action

In the majority of car crash cases parties can settle their disputes without going to court. Our team can help you negotiate with the insurance company of the other driver or directly with the person at fault. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and allegations about how the crash occurred and why you deserve compensation. The defendant is served the Complaint and given a certain period of time to reply.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other material and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their view of events, focusing on what they believe happened, how they believe it took place and what injuries you have suffered. We will also seek out expert opinions to support our position.

During the discovery phase, your lawyer may prepare legal documents referred to as motions with the court for the decision of the judge. This could include asking the judge to exclude evidence or set a trial date. It can take a year or more to complete the discovery process and determine an appointment date for your case. This is why it's vital to find a knowledgeable Long Island car accident attorney early in the process.