The Intake Process for Car Accident Litigation

A lawyer who specializes in the field of car accident litigation can help you determine how strong your case is and also how the settlement you receive could be worth. This is only possible when all the information you need is available.

Discovery is the very first step of a car accident case. During this phase attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

The majority of the work involved in a car accident investigation is gathering evidence. This could include evidence such as photographs, medical records, or witness statements. The more documentation that you have, the better your case will be.

A law enforcement report is the first document you should have. Typically, the police officer who arrives at the scene of the accident will prepare an investigation report. This will contain important information about what happened and who was responsible for the incident.

Your attorney can also use the law enforcement report to gather additional evidence in the event of need. If the accident occurred in the workplace for instance an employee could have recorded video footage. If this is the case, you should seek a copy from the company.

It is also important to document the costs you have incurred due to the brunswick auto accident attorney. These could include medical bills, records of your treatment, medication receipts rental car costs as well as in-home assistance or care, transportation costs and more. It is important to record the loss of income due to your accident. You can use your old tax returns and pay stubs.

If you are able, obtain the names of any witnesses to the accident as well. These people may be able to provide important information, especially if you can get them to be a witness in court. It is important to keep in mind that witnesses may alter their story and forget details about the incident as time passes.

Intake and Investigation

The intake process is critical to obtaining fair compensation for your injuries from an accident, whether you have submitted an insurance claim or are suing the at-fault party. Your attorney will begin by reviewing your medical records, obtaining copies of accident reports as well as other evidence. They will also visit the scene of the crash to record and observe what they can.

This will allow them to understand the extent of the harm you've suffered, both in terms current and projected costs for your physical or emotional suffering. Then, they'll review your financial losses to determine the worth of your case. Damages could include not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also take the driver who was at fault and their driving cell phone records to see the way they used their vehicle at the time of the collision. This is especially important if there was a collision involving an Uber or Lyft car, or any other indication that the driver was working around the clock.

As part of the process of discovery, your lawyer will also inquire about the defendant's criminal and traffic offence records. These information is generally not admissible, however they can be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you can begin settlement negotiations. In the beginning, the insurance company will offer an offer which is usually significantly lower than the amount you demand in the letter. This is a way to test the strength of your argument. In the counteroffer it is important to emphasize the strongest points in your favor - for instance, that the insured was completely at blame and that you were afflicted with severe injuries with high medical costs. In the end, a lot of negotiations back and forth will result in an amount that is fair and reasonable.

An experienced attorney can effectively argue the benefits of your claim, including presenting evidence that supports your losses. This could include photos of the car damage along with a police report as well as witness testimony. We also know how to determine the value of various components of your claim, like loss of income, suffering and pain.

If the insurance company refuses to pay a reasonable amount at this point, we can bring a lawsuit. A trial typically lasts one or two days and is either heard by an individual judge (called a bench trial) or jurors. If your case is settled before reaching this stage the process could last months. Your attorney might also be able file a summary motion to enter judgment. This means presenting all of the evidence to your advantage and arguing that it's impossible for the other side to win.

Filing an action

In the majority of car accident cases, the parties are able to settle their disputes without going to court. Our team will help you negotiate with the insurance company of the driver who caused the Layton auto accident Lawyer or directly with the driver who was at fault. If an agreement cannot be reached Our lawyers will start a lawsuit against the defendant. The Complaint will include your claims and allegations about the cause of the crash and the reasons you are entitled to compensation. The defendant is served with the Complaint, and given a certain time frame to respond.

The discovery stage is when our lawyers and the defendant 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, focusing on what they believe happened during the crash, as well as how they think it occurred and the injuries you've sustained. We will also search for expert opinions to support our assertions.

During the discovery phase, your lawyer may file legal documents called motions to the court to a judge's decision on. This can include requests for the court's decision to exclude certain evidence or to schedule an appointment for trial. It can take up one year for the investigation process to be completed and a trial date established. This is why it's vital to work with an experienced Long Island car accident attorney early in the process.