The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can assist you in determining how strong your case is and also how much your settlement could be worth. This is only possible when all the information you need is available.

The first step in a car accident lawsuit is called discovery. During this phase attorneys and their teams will communicate with each other and ask questions under an oath.

Documentation

A significant portion of the work involved in a car accident case is collecting documentation. This could include evidence such as photographs, Vimeo medical records or witness statements. The more evidence you have, the more convincing your case will be.

The first piece of documentation you need is a law enforcement report. Typically the police officer that arrives at the scene of the accident will draft a report, and this will give important details about what happened and who was responsible for the incident.

If necessary, your attorney can use a police report to gather additional evidence. For instance, if the incident took place in a commercial or office, an employee working at the area may have recorded video footage of the incident. If this is the situation, the tape should be requested from the business as soon as possible.

Keep track of any expenses you incur because of the accident. Record any costs you incur due to. This can include medical bills and records of your treatment, receipts from medication rental car fees and in-home care or assistance transport costs, and many more. You should also document the loss of income due to your accident. This could include old pay stubs, as well as tax returns.

It is also advisable to obtain the names of witnesses. They might be able provide valuable details, especially if are able to have them give evidence in court. It is important to remember that witnesses could alter their stories and forget details regarding the accident as time passes.

Intake and Investigation

The process of intake is vital in obtaining fair settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or are suing the responsible party. Your lawyer will begin by looking over your medical records, and obtaining copies of accident reports and other evidence. They will also go to and document the scene of the accident.

This information will allow them to understand the extent of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to estimate the value of your case. The damages you suffer could include not only current and future medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing any evidence. They will also obtain data from the cell phone and driving records of the driver at fault in order to see how they used their vehicle during the time. This is especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working while on the job, as this could negatively impact the ability of them to pay damages.

Additionally your attorney may ask questions regarding the defendant's prior criminal and traffic offence history in the discovery process. Generally, these details are not admissible in court, however they could be helpful to undermine the credibility of a defendant during cross examination.

The process of negotiating a settlement

After you have obtained the medical records then your lawyer will begin settlement negotiations. The insurance company will typically make an initial offer that is much less than the amount you demanded in your letter. This is a strategy to see how strong your case is. In the counteroffer it is important to highlight the strongest arguments in your favor, for instance, that the insured was at the fault and that you sustained serious injuries that resulted in high medical costs. In the end, a lot of the back and forth negotiation should result in an amount that is both fair and reasonable.

An experienced accident lawyer can successfully argue for your claim's merits, by presenting evidence to justify your losses. This may include photos of your car damages, police reports and witness testimony. We can calculate various aspects of your claim, such as loss of income as well as pain and suffering, and 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 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 settles prior to this stage it can take a few months. Your attorney may be eligible to file an application for summary judgment. This involves arguing that all evidence is in your favor, and arguing that it's impossible to allow the opposing side to win.

Filing a Lawsuit

In the majority of car crash cases parties can settle their dispute outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If there is no agreement our lawyers will initiate an action against the defendant. The Complaint outlines your claims and allegations regarding the accident and why you are entitled to compensation. The defendant is served with the Complaint and given a specific time frame to respond.

During the discovery phase, our lawyers will share documents and other material with the defendant while asking questions through interrogatories and depositions. Our team will inquire to the defendant's lawyer about their version of the events, such as what damages you've suffered and the way they believe it happened. We will also seek expert opinions that support our position.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court for the decision of the judge. This may include requesting the judge to exclude evidence or to schedule a trial. It could take a full year or more to complete the discovery process and set the date of trial for your case. It is imperative to speak with an experienced Long Island north royalton auto accident lawsuit accident attorney at the earliest possible point in the process.