The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases 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 need is available.

Discovery is the first step of a car accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

The majority of the work involved in a car accident case is collecting evidence. This can include evidence like photographs, medical records, or witness statements. In general, the more evidence you have to support your claim, the stronger your claim will be.

The first piece of evidence that you must have is a report from the police. The police officer who arrives at the scene of the la junta auto accident lawsuit will usually prepare a report. This will provide valuable information regarding the accident as well as who was responsible.

If necessary your lawyer has the option of using an investigation report to collect additional evidence. If the incident occurred at an office, for example an employee might have recorded video footage. If this is the case, a copy of the tape must be requested from the company as soon as it is possible.

Record any expenses you have incurred because of the accident. This could include medical bills and records of your treatment, receipts for medication, rental car fees home care or assistance transport costs, and more. In addition, you should record any income loss due to your injury. This could include old pay stubs as well as tax returns.

If you are able to, request the names of witnesses to the accident as well. They could be valuable sources of information for your case, particularly in the event that they are able to be present at trial. It is important to remember that witnesses may alter their story over time and may forget details of the incident.

Intake and Investigation

The process of intake is crucial in obtaining fair compensation for your injuries sustained in an accident regardless of whether you've submitted an insurance claim or are suing the responsible party. Your attorney will start by reviewing your medical records, and obtaining copies of accident reports, and other evidence. They will also go to the scene of the accident to document and observe what they can.

This will help them comprehend the severity of your injuries, both in terms of future and anticipated costs for your physical and emotional suffering. They will then look over your financial losses to estimate the total value of your case. The damages could comprise not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and reviewing any available evidence. They will also gather the driver at fault's driving and cell phone records to see what they were doing with their vehicle at the time of the accident. This is especially important in the event that there was a collision involving an Uber or Lyft car, or any other indication that the driver was on the clock.

As part of the process of discovery, your lawyer will also inquire about the defendant's traffic and criminal conviction records. These details are typically not admissible, but can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

Once you have the medical records, it is possible to begin settlement negotiations. The insurance company may make an initial offer that is less than what you requested in your letter. This is an opportunity to assess the strength of your argument. In the counteroffer, you must be crucial to emphasize the most important points in your favor - for example, the insured was at the fault, and that you suffered serious injuries that resulted in the highest medical costs. Negotiating back and forth will eventually lead to an acceptable and reasonable amount.

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

If the insurance company refuses to pay an amount that is reasonable at this point, we may make a claim. A trial typically lasts between one and two days. It can be heard by an individual judge (called a bench trial) or by a jury. If your case is settled before this point it could take several months. Your lawyer may also be able file a summary judgment motion. This means claiming that all evidence is in your favour, and arguing that it's impossible to allow the other side to prevail.

Filing an action

In the majority of car accident cases parties can resolve their disputes outside of court. Our team will help you negotiate an agreement with the other driver's insurance company, or directly with the at-fault party. If there is no agreement Our lawyers will start a lawsuit against the defendant. The Complaint contains your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a certain amount of time to respond to it.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including what they believe happened, how they believe it occurred and what injuries you've sustained. We will also seek out expert opinions to support our position.

During the discovery phase, your lawyer could submit legal documents, also known as motions to the court to a judge's decision on. This could include asking the court to omit evidence or set a trial date. It can take a whole year or more to complete the discovery process and determine an appointment date for your case. It is crucial to talk with an experienced Long Island forest city auto accident lawsuit accident attorney as early as you can in the process.