The Intake Process for Car Accident Litigation

A lawyer that specializes in the field of car accident litigation can help you determine the strength of your case is, and how much your settlement could be worth. This is only possible if all the information you require is available.

The initial step in a lawsuit involving a car concordia auto accident attorney is known as discovery. During this stage, attorneys and their teams communicate with each other and ask questions under an oath.

Documentation

Documentation is a significant element of an accident. This could include evidence such as medical records, photos, or witness statements. The more evidence you have the more convincing your case will be.

A law enforcement report is the primary document you should have. Typically the police officer who comes to the scene of the accident will prepare an investigation report. This will contain important information about how the accident occurred and who was responsible for the incident.

If needed your attorney has to use an investigation report to collect additional evidence. If the incident occurred at the business environment for instance an employee could have recorded video footage. If this is the case, you must request a copy from the business.

You should also record any expenses you incurred due to the accident. These could include medical bills and records for your treatment, receipts for medication rental car charges, in-home care or assistance transport costs, and more. It is also important to document any income you lose due to your injury. You can utilize old tax returns and pay stubs.

If you can, collect the names of witnesses to the incident as well. These people can serve as important sources of information in your case, especially when they can testify at trial. It is important to keep in mind that witnesses are prone to altering their testimony over time and they may forget details about the accident.

Intake and Investigation

If you have filed a claim with an insurance company or are starting a lawsuit against an at-fault driver, the process of intake is essential to receive the full and fair amount of compensation for the injuries you sustained in a crash. Your lawyer will begin by looking over your medical treatment records, and obtaining copies of accident reports, and other evidence. They will also visit and document the scene of the accident.

This will help them determine the extent of your injuries as well as the future and projected costs for your physical and emotional suffering. Then, they will review your financial losses in order to determine the worth of your case. The damages could include not only future and ongoing medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate and interview witnesses and analyzing all the available evidence. They will also obtain the driving and cell phone records of the drivers at fault to determine how they operated their vehicle at that time. This is especially important if there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver was working around the clock.

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

Negotiating a Settlement

After you have obtained the medical records and obtaining the medical records, your lawyer can begin negotiations for settlement. The insurance company will typically make an initial offer that is much less than what you demanded in your letter. This is a way to see how strong your case is. When you counteroffer, it's crucial to emphasize the most important points you have in your favor. For example, that the insurer was at fault and that there were serious injuries as well as expensive medical expenses. In the end, bargaining back and forth should result in an amount that is reasonable and fair.

An experienced accident lawyer can effectively argue for the merits of your claim, including presenting evidence that supports your losses. This could include photos of car damage, police reports, and witness testimony. We also know how to calculate the value of various elements of your claim, like lost income and pain and suffering.

If the insurance company refuses to pay an amount that is reasonable at this point, we can bring a lawsuit. A trial typically lasts about two or three days and can be heard by a judge (called a bench trial) or a jury. If your case settles prior to this phase, it can take several months. Your attorney may also be able to file a summary judgment motion. This involves asserting 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 crash cases parties can resolve their disagreement without going to court. Our team will help you negotiate with the insurance company of the other driver or directly with the party at fault. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a particular timeframe to respond.

The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will pose questions to the lawyer of the defendant regarding their perspective on the events, including what injuries you have suffered and how they believe it happened. We will also search for expert opinions to support our assertions.

During the discovery stage, your lawyer will prepare legal documents referred to as motions with the court for a decision by the judge. This may include requests for the court's decision to exclude certain evidence or set an appointment for trial. It could take a full year or more to complete the process of discovery and to set the date of trial for your case. It is imperative to speak with an experienced Long Island ardmore Auto accident lawyer accident attorney as early as you can during the process.