The Intake Process for Car Accident Litigation
A lawyer with expertise in the field of car accident litigation can assist you in determining how strong your case is, and how much your settlement could be worth. But it is only possible with all the information needed.
The first step in a lawsuit involving a car accident is called discovery. During this phase attorneys and their teams will exchange documents and discuss questions under an oath.
Documentation
Documentation is an integral element of an auto accident. This could include evidence such medical records, photos or witness statements. The more evidence you have to back your claim, the stronger your argument will be.
A police report is the primary document you should have. Typically, the police officer who arrives at the scene of the accident will draft an investigation report. This will provide crucial information on the circumstances of the crash and who was responsible for the incident.
If necessary your lawyer has the option of using a police report to gather additional evidence. For instance, if an incident took place in a commercial or office, an employee working at the area may have recorded footage of the incident. If this is the situation, the tape should be requested from the business as quickly as it is possible.
Note any costs you have incurred due to the accident. Record any costs you incur due to. This can include medical bills and records of your treatment, receipts for medications, rental car fees, in-home care or assistance, transportation costs, and more. Additionally, you must keep track of any income loss as a result of your accident. This could include old pay stubs and tax returns.
It is also advisable to find the names of witnesses. They could be valuable sources of information for your case, especially in the event that they are able to be present at trial. However, it's important to keep in mind that witnesses can change their testimony over time and forget details of the incident.
Intake and Investigation
The process of intake is crucial to obtaining an adequate amount of compensation for your injuries from an accident, whether you have filed a claim with an insurance company or are suing the responsible party. Your lawyer will begin by reviewing your medical records, obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.
This will allow them to determine the severity of the injuries you've sustained, both in terms actual and projected costs for your emotional or physical suffering. Then, they will look at your financial losses in order to determine the worth of your case. The damages you incur could include not only your present and future medical costs but also lost income and property damage.
Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing all available evidence. They will also collect the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the accident. This is especially important if there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver was on the clock.
Additionally the lawyer may ask questions about the defendant's criminal and traffic convictions during the discovery process. These details are generally not admissible, but can be used to undermine the defendant's credibility during cross-examination.
auto accident attorneys hammond of negotiating a settlement
Once you have received the medical records, you can begin negotiations for settlement. The insurance company will often make an initial offer that is lower than the amount you requested in your letter. This is a way to assess the credibility of your argument. In your counteroffer it is important to highlight the strongest arguments to your advantage. For instance, if you claim that the insurance company was at fault and there were severe injuries and expensive medical expenses. In the end, negotiations back and forth should get you to an amount that is fair and reasonable.
A skilled attorney for accidents can successfully argue the merits of your claim including presenting evidence that supports your losses. This could include photos of the car damage, police reports, and witness testimony. We have the ability to calculate various elements of your claim like loss of income, pain and suffering and police report.
If, at this point, the insurance company continues to refuse to offer a reasonable amount, we may choose to make a claim in court. A trial usually lasts for one or two days and is either heard by an individual judge (called a bench trial) or a jury. If your case is settled before this point it could take a few months. Or, your lawyer may be eligible to file a motion for summary judgment. This means presenting all of the evidence to your advantage and arguing that it's impossible for the other side to win.
Filing a Lawsuit
In the majority of car crash instances, parties can settle their disputes outside of court. Our team will work to help you negotiate a settlement with the other driver's insurance company, or directly with the at-fault party. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will list your claims and details about the circumstances of the crash and why you are entitled to compensation. The defendant will be served the Complaint and given a particular period of time to respond.
The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their view of the events, including what they believe happened during the crash, as well as how they think it took place and what injuries you have suffered. We will also look for experts to back our position.
During the discovery process your lawyer could file legal documents called motions to the court to a judge's decision on. This can include requests for the court to exclude certain evidence or set an appointment for trial. It could take up to one year for the investigation process to be completed and a trial date established. This is the reason it's essential to partner with an experienced Long Island car accident attorney early in the process.