Auto Accident Claim: The Ugly Facts About Auto Accident Claim

The Intake Process for Car Accident Litigation

An experienced lawyer in the field of car accident litigation will be able to help you determine the potential strength of your case and the amount of settlement you can get. But this is only possible with all the information needed.

The initial step in a car crash lawsuit is known as discovery. In this phase attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

Documentation is a large part of the work in a car accident. This could be evidence like photographs, medical records or witness statements. The more evidence you have the more convincing your case will become.

The first document you should have is a police report. Typically the police officer that arrives at the scene of the accident will write the report, and it will contain important information about what happened and who was responsible for the incident.

If necessary your attorney has to use a police report to gather additional evidence. For instance, if an incident occurred in a business where employees were present, the location may have recorded video footage of the incident. If that's the case, a copy of the tape should be requested from the business as quickly as it is possible.

Keep track of any expenses you incur due to the great neck auto accident law firm. This can include medical bills as well as records of your treatment, medication receipts rental car costs, in-home assistance or care expenses for transportation, and more. Also, you should document any income loss due to your accident. You can use your old tax returns and pay stubs.

If you can, collect the names of any witnesses to the incident as well. They may be able to give valuable information, especially if you are able to have them testify in court. It's important to remember that witnesses could alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

Whether you have made an insurance firm or are beginning an action against an at-fault driver, the process of intake is essential for obtaining full and fair compensation for the accident injuries. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports, and other evidence. They will also visit and document the scene of the accident.

This will help them determine the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then review your current and future financial losses in order to determine the value of your case. The damages could not be limited to only future and current 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 any evidence. They will also gather information about the driving habits and cell phones of the driver at fault in order to see how they used their vehicle at the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was on the job, as it could affect their ability to cover your damages.

In addition, your attorney will likely inquire regarding the defendant's prior criminal and traffic offence history during the discovery process. These details are typically not admissible but could be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

Once you have the medical records, it is possible to begin negotiations for settlement. Initially, Vimeo the insurance company will present an offer which is usually much lower than what you request in the letter. This is an opportunity to test the credibility of your argument. In the counteroffer, it is important to highlight the strongest arguments for your side - for instance, that the insured was at fault and that you suffered serious injuries that resulted in the highest medical costs. Negotiating back and forth could eventually lead to an equitable and reasonable amount.

A skilled accident lawyer can successfully argue your claim's merits, including presenting evidence to back your losses. This could include photos of vehicle damages, police reports and witness testimony. We know how to determine the various elements of your claim, such as lost income as well as pain and suffering, and police reports.

At this point, if the insurance company refuses to provide a reasonable amount, we may choose to make a claim in court. A trial usually lasts between one and two days, and is heard either by a judge or a jury. If your case is settled prior to this stage it can take a few months. Your attorney may also be able file a summary motion for judgment. This involves asserting that all evidence is in your favor and arguing that it is impossible for the opposition to win.

Filing an action

In a majority of car accident cases the parties can settle their disputes outside of court. Our team will work to help you negotiate an agreement with the other driver's insurance company or directly with the party at fault. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations relating to the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a specified time frame to respond.

The discovery phase is when our attorneys 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 version of events, including the circumstances under which they believe the crash took place and what injuries you have suffered. We will also search for expert opinions to support our claims.

During the discovery process, your lawyer can file legal documents called motions to the court for a judge's ruling on. This may include requests for the court to omit certain evidence, or to set the date for a trial. It could take up to a year for the discovery process to be completed and a trial date scheduled. It's crucial to consult with an experienced Long Island jeannette auto accident lawsuit accident attorney as early as you can during the process.