10 Undeniable Reasons People Hate Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can help you determine how solid your case is and how the settlement you receive could be worth. This is only possible when all the information you require is available.

Discovery is the initial step of an auto accident lawsuit accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

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

The first piece of evidence you should have is a report from the police. The police officer who arrives at the accident scene will typically prepare a report. It will give valuable information about the accident and who was responsible.

If needed your attorney has to use an investigation report to collect additional evidence. For auto accident lawsuits instance, if an incident occurred at a company where employees were present, the area may have recorded video footage of the incident. If this is the situation, a copy of the tape should be requested from the business as quickly as possible.

Record any expenses you have incurred due to the accident. Document any expenses you incurred due to. This could include medical expenses or records of treatment, receipts for medication rental car expenses for in-home assistance, care at home expenses for transportation, and more. Additionally, you must note any income loss due to your injury. This can include old pay stubs, as well as tax returns.

If you are able, obtain the names of any witnesses to the accident as well. These witnesses can be valuable sources of information for your case, particularly if they are able to be present at trial. However, it's important to keep in mind that witnesses can change their stories over time and may forget details of the accident.

Intake and Investigation

Whether you have filed an insurance company or are starting legal action against a negligent driver, the intake process is essential to obtaining the full and fair amount of compensation for your injuries from a crash. Your attorney will start by reviewing your medical treatment records, obtaining copies of auto accident attorney reports, and other evidence. They will also go to and document the accident scene.

This information will assist them comprehend the severity of your injuries as well as the current and projected future costs for your emotional and physical suffering. They will also review your existing and expected financial losses to determine the value of your case. The damages could not be limited to just future and present medical expenses, but also loss of income as well as property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing all available evidence. They will also take information about the driving habits and cell phones of the driver at fault in order to determine if they were using their vehicle at the time. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the job, as this could negatively impact the ability of them to pay damages.

In addition your lawyer will also inquire regarding the defendant's prior criminal and traffic-related offenses as part of the discovery process. Generally speaking, these facts are not admissible in court but they could be helpful to undermine the credibility of the defendant during cross examination.

Negotiating a Settlement

After obtaining the medical records then your lawyer will begin negotiations on settlement. Initially the insurance company will offer an offer which is usually much lower than what you requested in your letter. This is a way to determine how strong your case. In the counteroffer, it's important to highlight the strongest arguments in your favor, for instance, that the insured was completely at fault and that you suffered severe injuries with the highest medical costs. Eventually, bargaining back and forth will result in an amount that is both reasonable and fair.

An experienced accident lawyer can effectively argue the merits of your claim, including presenting evidence to support your losses. This may include photos of the car's damage or a police report, as well as witness testimony. We know how to determine the various elements of your claim such as lost income along with pain and suffering as well as a police reports.

If the insurance company refuses to pay an appropriate amount at this point, we could file a lawsuit. A trial usually lasts between one and two days, and is ruled on by an attorney or a jury. If your case settles prior to reaching this phase the process could take months. Your attorney might also be able file a summary motion for judgment. This involves asserting that all evidence is in your favour, and arguing that it is impossible for the other side to win.

Filing an action

In the majority of car accident cases, the parties are able to resolve their disputes outside of court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company or directly with the at-fault party. However, if an agreement is not reached our lawyers will bring an action against the defendant. The complaint contains your claims and allegations about the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a specific time frame to respond to it.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of events, focusing on the circumstances under which they believe the crash occurred and what injuries you've suffered. We will also seek out expert opinions to support our assertions.

During the discovery phase, your lawyer may file legal documents known as motions with the court to be decided by a judge. This could include requests for the court to block certain evidence or to schedule a trial date. It can take up an entire year for the discovery process to be completed and a trial date established. It's crucial to consult with an experienced Long Island auto accident lawsuits accident attorney as early as possible in the process.