The Intake Process for Car Accident Litigation

A lawyer with experience in the field of car accident litigation will be able to assist you determine the potential strength of your case and how much settlement you could get. However this is only feasible if you have all the information needed.

Discovery is the initial step of an San mateo auto accident Attorney accident case. During this phase attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

Documentation is a large element of a car accident. This could include evidence such as photos, medical records, or witness statements. The more evidence you have to support your claim the more convincing your claim will be.

The first document you need is a law enforcement report. The police officer who arrives at the scene of an accident will usually prepare a report. This will provide valuable details about the accident and who was responsible for it.

If required your attorney has to use an investigation report to collect additional evidence. If the accident happened in a place of business, for example an employee might have recorded video footage. If this is the case, you must seek a copy from the company.

Document any expenses you incurred because of the accident. This can include medical bills and records of your treatment, receipts for medications rental car costs and in-home assistance or care transport costs, and much more. You should also document any income loss due to your injury. This could include old pay stubs as well as tax returns.

If you are able, obtain the names of any witnesses to the chino auto accident lawyer as well. They might be able to provide valuable information, particularly if you can convince them to give evidence in court. It is important to keep in mind that witnesses can alter their story over time and may forget details of the incident.

Intake and Investigation

Whether you have made an insurance company or are starting a lawsuit against an at-fault driver, the process of intake is essential to receive an adequate and fair settlement for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical records and then obtaining copies accident reports and other evidence. They will also go to the scene of the accident to observe and document what they can.

This information will allow them to understand the extent of your injuries in relation to future and projected costs for your emotional and physical suffering. Then, they'll review your financial losses in order to determine the value of your case. The damages could include not only future and current medical expenses, but also loss of income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all the available evidence. They will also gather data from the cell phone and driving records of the at-fault drivers to determine if they were using their vehicle at the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was working while working, as it could affect their ability to pay for your damages.

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

Negotiating a Settlement

Once you have received the medical records, it is possible to begin settlement negotiations. Initially, the insurance company will make an offer which is usually much lower than what you have requested in the letter. This is a way to determine the credibility of your argument. When you counteroffer, it's essential to highlight the most compelling arguments to your advantage. For instance, if you claim that the insurance company was at fault and there were severe injuries and significant medical expenses. The process of negotiating back and forth should eventually result in an appropriate and fair amount.

An experienced accident lawyer will effectively argue the merits 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 can calculate various aspects of your claim, including lost income along with pain and suffering as well as a police report.

If the insurance company is unwilling to pay an amount that is reasonable at the moment, we can start a lawsuit. A trial typically lasts between one and two days. It can be heard by a judge (called a bench trial) or by a jury. If your case settles before reaching this stage, the process can take months. Your lawyer may also be able to file a summary judgment motion. This is a way of claiming that all evidence is 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 resolve their disagreement without going to court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver who is at fault. If an agreement cannot be reached, our lawyers will initiate an action against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint, and given a set period of time to reply.

The discovery stage is when our attorneys and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, such as what they believe happened, how they believe it took place and what injuries you have suffered. We will also solicit expert opinions that will support our stance.

During the discovery process your lawyer may file legal documents called motions to the court for a judge to decide on. This may include requesting the court to block evidence or to schedule a trial. It could take a year or more to complete the discovery process and determine the trial date for your case. This is why it's important to find a knowledgeable Long Island car accident attorney at the beginning of the process.