What s The Ugly Truth About Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer that specializes in the field of car accident litigation can help you determine how solid your case is and also how much your settlement could be worth. But this is only possible with all the information needed.
Discovery is the first stage of an keyport Auto Accident attorney (vimeo.Com) accident case. During this phase, attorneys and their teams exchange documents and ask each other questions under the oath.
Documentation
Documentation is a significant component of the event of a car crash. This could include evidence such as photos, medical records or witness statements. Generally, the more documentation you can provide to support your claim the stronger your claim will be.
The first document that you must have is a police report. Typically the police officer who comes to the scene of the accident will draft the report, and it will provide crucial information on how the accident occurred and who was at fault for the incident.
Your lawyer can also make use of a law enforcement report to pursue additional evidence if required. If the accident happened in an office such as a university place auto accident law firm of business an employee might have recorded video footage. If this is the case, you must seek a copy from the business.
You should also document the costs you have incurred in the aftermath of the accident. These could include medical bills and records of your treatment, receipts from medication rental car costs home care or assistance, transportation costs, and much more. Also, you should document any income loss due to your accident. This can include old pay slips and tax returns.
If you can, collect the names of any witnesses to the accident as well. They can be important sources of information in your case, especially in the event that they are able to be present at trial. But, it's important to keep in mind that witnesses are prone to altering their stories over time and they may forget details about the accident.
Intake and Investigation
If you have made an insurance firm or are beginning an action against the at-fault driver, the process of obtaining an intake is essential for obtaining full and fair compensation for your crash injuries. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports as well as other evidence. They will also visit the scene of the accident to observe and document what they can.
This information will allow them to determine the extent of your injuries in relation to future and current costs for your emotional and physical suffering. Then, they will look at your financial losses to determine the worth of your case. The damages could not be limited to just future and present medical expenses, but also your loss of income and property damage.
Your lawyer will also investigate by interviewing witnesses and analyzing all available evidence. They will also gather the driving and cell phone records of the drivers who were at fault to see how they used their vehicle during the time. This will be especially crucial if the crash involved an Uber or [empty] Lyft vehicle or any other evidence that suggests the driver was working while on the job, since this could impact their ability to cover your damages.
As part of the discovery procedure, your lawyer will also inquire about the defendant's criminal and [Redirect-302] traffic offense records. These facts are usually not admissible, however they can be used to undermine the defendant's credibility during cross-examination.
Negotiating a Settlement
Once you have received the medical records, you can begin negotiations for settlement. In the beginning the insurance company will present an offer that is usually substantially lower than the amount you requested in your letter. This is an opportunity to determine the strength of your case. In your counteroffer, it is crucial to highlight the most powerful points you have to your advantage. For example, the insurer was at fault and that there were serious injuries as well as the medical costs were high. Negotiating back and forth will eventually lead to a fair and reasonable amount.
An experienced accident lawyer can successfully argue for your claim's merits, by presenting evidence to justify your losses. This could include photos of vehicle damage, police reports and witness testimony. We also know how to determine the value of different elements of your claim, such as lost income and suffering and pain.
If the insurance company is unwilling to pay an amount that is reasonable at this point, we may make a claim. A trial typically lasts between one and two days and is judged by either a judge or jury. If your case is settled before this stage, it can take several months. Your attorney may be in a position to file a motion for summary judgement. This means claiming that all evidence is in your favor, and arguing that it's impossible to allow the opposition to prevail.
Filing an action
In the majority of cases involving car accidents parties can resolve their disputes outside of court. Our team will assist you in negotiating an agreement with the other driver's insurance company or directly with the at-fault party. If an agreement cannot be reached Our lawyers will file an action against the defendant. The Complaint contains your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant will be served with the Complaint and given a certain timeframe to respond to it.
The discovery stage is when our lawyers and the defendant begin to exchange documents and other evidence in exchange for questions through interrogatories or depositions. Our team will ask questions to the lawyer for the defendant about their version of the events, including what injuries you've suffered and how they believe it took place. We will also seek experts to back our assertions.
During the discovery process your lawyer could submit legal documents, also known as motions to the court for a judge's ruling on. This can include requests for the court to block certain evidence, or to set the date for a trial. It can take up one year for the investigation process to be completed and a trial date to be set. This is why it's crucial to partner with an experienced Long Island car accident attorney early on in the process.