The Ugly Real Truth Of Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to assist you determine the strengths of your case as well as what settlement amount you might get. This is only possible if all the information you require is available.

The initial step in a lawsuit involving a car accident is known as discovery. During this stage, attorneys and their teams will exchange documents and discuss questions under oath.

Documentation

Documentation is a significant component of an accident. This could include evidence such photographs, medical records, or witness statements. The more evidence you have to back your claim the more convincing your claim will be.

The first piece of documentation that you must have is a report from the police. Typically the police officer that arrives at the scene of the accident will draft an investigation report. This will give important details about how the crash occurred and who was responsible for the incident.

If necessary your lawyer has the option of using the police report to gather additional evidence. For example, if the incident occurred at a company or office, an employee working at the area may have recorded video footage of the incident. If this is the case the tape must be requested from the company as soon as it is possible.

Document any expenses you incurred as a result of the accident. These could include medical bills and records of your treatment, receipts for medications rental car costs home care or assistance transport costs, and much more. It is important to record any income loss due to your accident. This could include old pay stubs as well as tax returns.

It is also advisable to find the names of witnesses. They could be valuable sources of information for your case, especially those who are able to be a witness in a trial. It is important to remember that witnesses may alter their stories and forget details about the accident over time.

Intake and Investigation

If you've filed an insurance claim with an company or are preparing legal action against a negligent driver, the initial intake process is crucial to getting the full and fair amount of compensation for the accident injuries. Your attorney will begin by looking over your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also go to and document the scene of the accident.

This information will assist them know the extent of your injuries as well as the future and current costs for your emotional and physical suffering. They will also review your existing and expected financial losses to estimate the value of your case. The damages could not be limited to only future and current medical expenses, but also lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and analyzing the available evidence. They will also collect the driver at fault's driving and phone records to determine what they were doing with their vehicle at the time of the collision. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was at work, as this could impact the ability of them to pay damages.

As part of the discovery procedure the lawyer will inquire about the defendant's traffic and criminal offense records. These details are generally not admissible in court but they could be helpful to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

Once you have the medical records, you're able to begin settlement negotiations. The insurance company will often make an initial offer that is much smaller than the amount that you demanded in your letter. This is a way to test how convincing your argument is. When you counteroffer, auto accident attorney it's crucial to emphasize the most important points you have in your favor. For example, that the insurer was responsible and that there were severe injuries as well as expensive medical expenses. Then, back and forth bargaining should get you to an amount that is reasonable and fair.

An experienced accident lawyer can successfully argue for your claim's merits, including presenting evidence to prove your losses. This could include photos of the car damage or a police report, as well as witness testimony. We also know how to calculate the value of various components of your claim, including lost income and suffering and pain.

At this point, if the insurance company refuses to provide a reasonable amount, we may choose to start a lawsuit in the courtroom. A trial typically lasts about two or three days and can be heard by an individual judge (called a bench trial) or jurors. If your case is settled before reaching this stage the process could last months. Your lawyer may also be able file a summary motion to dismiss. This is a way of claiming that all evidence is in your favor and arguing that it is impossible for the opponent to win.

Filing a Lawsuit

In the majority of cases involving car auto accidents parties are able to resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver at fault. If there is no agreement the lawyers of our firm will initiate a lawsuit against the defendant. The Complaint will contain your claims and allegations about the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond to it.

During the discovery phase, our lawyers will discuss documents and other materials with the defendant, while asking questions via interrogatories or depositions. Our team will ask questions to the lawyer for the defendant about their view of the events, such as what injuries you've suffered and auto accident Attorney how they believe it happened. We will also seek expert opinions to support our position.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court to be decided by the judge. This may include requesting the court to block evidence or to schedule a trial. It can take as long as one year for the discovery process to be completed and a trial date scheduled. It is essential to speak with an experienced Long Island auto accident attorney as early as you can in the process.