The Intake Process for Car Accident Litigation

A lawyer who has experience in car accident litigation will be able to assist you determine the potential strength of your case and the amount of settlement you can get. However this is only feasible with all the necessary information.

The first step in a lawsuit involving a car accident is called discovery. During this stage attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

A significant portion of the work that goes into a car accident case is collecting documentation. This could include evidence such photos, medical records or witness statements. Generally, the more documentation you have to support your claim the stronger your argument will be.

The first document you need is a report from the police. Typically the police officer who comes to the scene of the accident will draft an investigation report. This will give important details about what happened and who was at fault for the incident.

Your lawyer can also make use of a law enforcement report to obtain additional evidence if required. For example, if the accident happened in a business, an employee at that location might have recorded video footage of the incident. If that's the case, a copy of the tape should be requested from the business as soon as it is possible.

Document any expenses you incurred as a result of the accident. These could include medical bills or records of treatment, receipts from medications, rental car charges for in-home assistance, care at home expenses for transportation, and more. Also, you should document any income loss due to your injury. This can include old pay stubs and tax returns.

If you can, get the names of any witnesses to the incident as well. They might be able to provide important details, especially if are able to get them to testify in court. It is important to remember that witnesses may change their stories and forget details about the incident as time passes.

Intake and Investigation

The process of intake is vital in obtaining an adequate amount of compensation for your injuries from an accident, whether you have filed a claim with an insurance company or are suing the responsible party. Your lawyer will begin by reviewing your medical treatment records, obtaining copies of accident reports as well as other evidence. They will also go to the scene of the crash to observe and document what they can.

This will help them comprehend the severity of your injuries, both in terms of future and current costs for your emotional and physical suffering. Then, they will look at your financial losses in order to estimate the value of your case. The damages could not be limited to only future and ongoing medical expenses, but also loss of income as well as property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing all the available evidence. They will also obtain the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the hammonton auto Accident lawyer. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was at work, as this could negatively impact their ability to cover your damages.

As part of the process of discovery the lawyer will inquire about the defendant's traffic and criminal offence records. These facts are usually not admissible, but they could be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

Once you have the medical records, you can start settlement negotiations. The insurance company is likely to make an initial offer that is much less than the amount you demanded in your letter. This is a way to determine how strong your case. In the counteroffer, it is crucial to highlight the most powerful arguments for your side - for instance, that the insured was at fault and that you suffered severe injuries with significant medical expenses. In the end, a lot of the back and forth negotiation will lead to an amount that is both fair and reasonable.

A skilled accident lawyer can effectively argue your claim's merits including presenting proof to support your losses. This could include photos of the damage to your car along with a police report as well as witness testimony. We have the ability to calculate various aspects of your claim such as lost income or pain and suffering, as well as police report.

If, at this point, the insurance company refuses to offer a fair amount, we have the option to make a claim in court. A trial usually lasts between one and two days. It is either heard by a judge (called a bench trial) or jurors. If your case settles prior to reaching this stage the process could last months. Alternatively, your attorney may be eligible to file an application for summary judgment. This means presenting all of the evidence in your favor and arguing that it is impossible for the other side to prevail.

Filing an action

In the majority of car crash cases, the parties are able to settle their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your claims and allegations about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a set amount of time to answer.

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

During the discovery phase, your lawyer could prepare legal documents referred to as motions with the court to be decided by an individual judge. These could include requests to the court to exclude certain evidence or set an appointment for trial. It could take a full year or more to complete the discovery process and set a trial date for your case. This is why it's important to consult with a seasoned Long Island car minnesota auto accident attorney attorney early on in the process.