9 . What Your Parents Teach You About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with expertise in car accident litigation can help you determine how strong your case is and also how the settlement may be worth. This is only possible if all the information you require is available.

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

Documentation

Documentation is a major element of an auto accident. This could include evidence such as medical records, photos or witness statements. In general, the more evidence you can provide to support your claim, the stronger your case will be.

A police report is the first piece of paper you need. The police officer who arrives at the auto accident law firm scene is likely to prepare a written report. It will give valuable information regarding the accident as well as the person responsible for it.

If required, your attorney can use the police report to gather additional evidence. For instance, if the incident took place in a commercial where employees were present, the site might have recorded video footage of the incident. If this is the case, you must request a copy of the video from the company.

You should also document any expenses you incurred as a result of the accident. This can include medical bills and records for your treatment, receipts for medicines rental car costs as well as in-home care or assistance, transportation costs, and many more. Also, you should document the loss of income due to your accident. You can use tax returns and pay stubs.

If you can, collect the names of any witnesses to the incident as well. These people can serve as important sources of information in your case, especially those who are able to be a witness in a trial. But, it's important to keep in mind that witnesses can change their accounts over time, and may forget details of the accident.

Intake and Investigation

If you've filed an insurance claim with an company or are preparing an action against the at-fault driver, the initial intake process is essential to receive full and fair compensation for your crash injuries. Your lawyer will begin by reviewing your medical records and then obtaining copies accident reports and other evidence. They will also visit the site of the accident to observe and document what they can.

This information will help them comprehend the severity of your injuries, both in terms of future and anticipated costs for your emotional and physical suffering. Then, they will look at your current and future financial losses to determine the value of your case. The damages could include not only current and future medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing all available evidence. They will also collect driving and cell phone records of the drivers at fault to determine how they operated their vehicle at the time. This is particularly important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working, as it could affect their ability to cover your damages.

In addition your attorney may ask questions regarding the defendant's prior criminal and traffic convictions in the discovery process. In general, these information are not admissible in court, but they could be helpful to discredit the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have received the medical records, you're able to begin settlement negotiation. In the beginning, the insurance company will make an offer that's usually much lower than what you request in the letter. This is an opportunity to determine the strength of your case. When you counteroffer, it's crucial to highlight the most powerful points that you have to your advantage. For instance, if you claim that the insurer was at fault and there were severe injuries and the medical costs were high. In the end, a lot of the back and forth negotiation should result in an amount that is both 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 damage to your vehicle along with a police report as well as witness testimony. We are able to determine the various elements of your claim, including loss of income or pain and suffering, as well as police reports.

If, at this point, the insurance company continues to refuse to offer a fair amount, we have the option to start a lawsuit in the courtroom. A trial usually lasts for about two or three days and is either heard by an individual judge (called a bench trial) or jurors. If your case is settled before this point it could take several months. Alternatively, your attorney may be eligible to file an application for summary judgment. This is a way of claiming that all evidence is in your favor, and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of car crash cases parties can settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will outline your assertions and allegations regarding how the accident occurred and the reasons you are entitled to compensation. The defendant is served with the Complaint, and given a specific amount of time to respond.

During the discovery phase, our attorneys will exchange documents and other information with the defendant and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, including how they believe the crash occurred and what injuries you've sustained. We will also seek experts to back our claims.

During the discovery process your lawyer may file legal documents called motions to the court to a judge's decision on. This can include requesting the court to exclude evidence or schedule a trial. It could take a full year or more to complete the discovery process and set the trial date for your case. It is crucial to talk with an experienced Long Island auto accident lawyer accident attorney as early as you can in the process.