14 Businesses Doing A Great Job At Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who specializes in the field of car accident litigation can assist you in determining how strong your case is as well as how the settlement may be worth. But this is only possible when you have all the relevant information.
The initial step in a car accident lawsuit is known as discovery. In this phase attorneys and their teams exchange documents and ask each other questions under the oath.
Documentation
Documentation is a significant element of an accident. 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 piece of paper you should have. Typically the police officer that comes to the scene of the crash will prepare reports, and these will provide important information about the circumstances of the crash and who was at fault for the incident.
Your lawyer can also make use of a law enforcement report to pursue additional evidence in the event of need. For instance, if an incident occurred at a company or office, an employee working at the area may have recorded video footage of the incident. If this is the case, you should ask for a copy of the footage from the business.
You should also record the costs you have incurred in the aftermath of the accident. This can include medical bills as well as records of your treatment, receipts for medication rental car costs as well as in-home assistance or care transport costs, and many more. Also, you should document any income you lose due to your accident. This can include old pay slips and tax returns.
You should also find the names of witnesses. They could be important sources of information in your case, especially if they are able to be a witness in a trial. But, it's important to remember that witnesses may alter their accounts over time, and could forget specific details about the accident.
Intake and Investigation
The process of intake is crucial in obtaining fair settlement for your accident-related injuries, whether you have made an insurance claim or are suing the responsible party. Your lawyer will begin by looking through your medical records, obtaining copies of accident reports and other evidence. They will also go to and document the scene of the auto accident lawsuits.
This information will enable them to comprehend the extent of injuries you have suffered in relation to future and current costs for your emotional or physical suffering. Then, they will review your current and future financial losses to estimate the value of your case. The damages could comprise not only your current and future medical costs but also income loss and property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also take the driver who was at fault and their driving cell phone records to see how they were using their vehicle at the time of the accident. This is particularly important if there was a collision involving an Uber or Lyft car or any other evidence that suggests the driver was on the clock.
As part of the process of discovery the lawyer will inquire about the defendant's criminal and traffic record of offenses. These details are generally not admissible in court but they could be helpful to undermine the credibility of a defendant during cross examination.
The process of negotiating a settlement
After you've obtained the medical documents then your lawyer will begin negotiations for settlement. Initially, the insurance company will make an offer that is often substantially lower than the amount you have requested in the letter. This is a way to assess the strength of your argument. In the counteroffer, you must be crucial to emphasize the most important arguments you have in your favor - for instance, that the insured was entirely at blame and that you were afflicted with severe injuries with the highest medical costs. Eventually, the back and forth negotiation should get you to an amount that is both fair and reasonable.
An experienced accident lawyer can effectively argue for the benefits of your claim, by presenting evidence to prove your losses. This could include photos of the car's damage along with a police report as well as witness testimony. We also know how to determine the value of different elements of your claim, including loss of income, suffering and pain.
If the insurance company is unwilling to pay an acceptable amount at this point, we can start a lawsuit. A trial typically lasts between one and two days, and is ruled on by a judge or a jury. If your case is settled prior to reaching this stage the process could take months. In addition, your attorney might be in a position to file a motion for summary judge. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.
Filing an action
In the majority of car accident cases, the parties can resolve their disagreement outside of court. Our team will work to assist you in negotiating an agreement with the other driver's insurance company, or directly with the party at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint outlines your claims and allegations regarding the auto accident and why you are entitled to compensation. The defendant is served the Complaint and given a specified amount of time to respond.
The discovery phase is when our attorneys and the defendant will begin to exchange documents and other information in exchange for 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 during the crash, auto Accident Attorney as well as how they think it happened and what injuries you have suffered. We will also look for experts to back our claims.
During the discovery process, your lawyer may file legal documents called motions to the court for a judge to rule on. These could include requests to the court to exclude certain evidence or to schedule the date for a trial. It can take up to one year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can during the process.