20 Trailblazers Leading The Way In Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer with experience in car accident litigation can help you determine the strengths of your case as well as how much settlement you could get. However it is only possible when you have all the information needed.
The first step in a car accident lawsuit is known as discovery. During this stage, attorneys and their teams exchange documents and ask questions under the oath.
Documentation
Documentation is a large element of the event of a car crash. This could include evidence like photographs, medical records or witness statements. The more documentation that you have, the more convincing your case will become.
A law enforcement report is the first piece of paper you need. The police officer who arrives at the scene will usually prepare a report. This will provide valuable information regarding the accident as well as who was responsible for it.
If needed your lawyer has the option of using the police report to gather additional evidence. If the incident occurred in a place of business, for example an employee could have recorded video footage. If this is the case, a copy of the tape must be requested from the business as quickly as it is possible.
You should also record the costs you have incurred as a result of the accident. This could include medical bills and records of your treatment, receipts from medication rental car costs, in-home assistance or care transport costs, and many more. You should also document any income you lose due to your accident. You can use tax returns and pay stubs.
If you can, get the names of witnesses to the incident as well. These people may be able provide valuable information, particularly if you are able to get them to be a witness in court. It is important to remember that witnesses can change their testimony over time and forget details of the incident.
Intake and Investigation
The intake process is critical to obtaining fair compensation for your injuries from an accident regardless of whether you've filed an insurance claim or are suing the party at fault. Your attorney will begin by looking over your medical records and then obtaining copies accident reports and other evidence. They will also go to the scene of the accident to take note of what they can.
This information will enable them to understand the extent of the injuries you've suffered in terms of actual and projected costs for your physical or emotional suffering. Then, they will look at your current and future financial losses in order to estimate the value of your case. Your damages can comprise not only your current and future medical costs but also income loss and property damage.
Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any evidence. They will also collect the driver at fault's driving and cell phone records to see how they were using their vehicle at the time of the accident. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was working while working, as this could affect the ability of them to pay damages.
Additionally your attorney may inquire regarding the defendant's prior criminal and traffic-related offenses during the discovery process. These facts are usually not admissible, but can be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
After you've obtained the medical documents, your lawyer can begin negotiations on settlement. The insurance company may make an initial offer that is much lower than the amount you requested in your letter. This is a way to determine how strong your argument is. In your counteroffer, it's important to highlight the strongest arguments in your favor. For instance, if you claim that the insurer was in the wrong and that there were serious injuries as well as significant medical expenses. Negotiating back and forth should eventually result in an acceptable and reasonable amount.
A skilled lawyer for auto accidents can successfully argue your claim's merits including presenting proof to support your losses. This could include photos of the car damage, police reports, and witness testimony. We have the ability to calculate the various components of your claim such as lost income as well as pain and suffering, and police reports.
If, at this point, the insurance company continues to refuse to offer a fair amount, we can decide to bring a lawsuit to court. A trial usually lasts between one and two days and is judged by a judge or a jury. If your case is settled before this stage it could take a few months. In addition, your attorney might be eligible to file an application for summary judgment. This involves asserting that all evidence is in your favor, and arguing that it's impossible for the opponent to win.
Filing a Lawsuit
In the majority of car crash cases, the parties are able to settle their dispute without going to court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. If an agreement is not 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 is served the Complaint and given a certain amount of time to respond.
The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, such as the circumstances under which they believe the crash took place and what injuries you have suffered. We will also seek experts to back our assertions.
During the discovery process, your lawyer can file legal documents called motions to the court for a judge to decide on. These could include requests to the court to exclude certain evidence or set an appointment for trial. It can take up to a year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident law firm accident attorney - www.dermandar.Com - early during the process.