The Biggest Issue With Auto Accident Claim And How To Fix It

The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car accident litigation will assist you in determining how strong your case is as well as how much your settlement could be worth. But, this is only possible when you have all the relevant information.

Discovery is the first stage of an Andrews Auto Accident Attorney depew auto accident lawsuit case. During this stage attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

Documentation is a major component of a car accident. This can include evidence like photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case.

A law enforcement report is the very first document you need. Typically the police officer that comes to the scene of the accident will draft reports, and these will contain important information about the circumstances of the crash and who was responsible for the incident.

If needed, your attorney can use a 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 footage of the incident. If this is the case, ask for a copy of the footage from the company.

You should also record any expenses you incurred as a result of the accident. This can include medical bills and records for your treatment, receipts for medication rental car charges and in-home assistance or care, transportation costs, and much more. In addition, you should document any lost income due to your injury. You can use your old tax returns and pay stubs.

If you can, get the names of witnesses to the accident as well. They could be important sources of information in your case, especially if they are able to give evidence at trial. It's important to keep in mind that witnesses may change their stories and forget details about the incident over time.

Intake and Investigation

The process of intake is crucial in obtaining fair compensation for your injuries from an accident, whether you have filed an insurance claim or you are suing the person at fault. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports as well as other evidence. They will also visit the scene of the crash to record and observe what they can.

This information will allow them to assess the severity of injuries you have suffered, both in terms cost and projections for your physical or emotional suffering. They will then look over your financial losses to estimate the total value of your case. Your damages may include not only future and ongoing medical expenses, but also your lost income and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all the available evidence. They will also obtain the at-fault driver's driving and cell phone records to see how they were using their vehicle at the time of the collision. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, since it could affect the ability of them to pay damages.

Additionally the lawyer may ask questions about the defendant's past criminal and traffic convictions during the discovery process. These details are typically not admissible, however they can be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company will often make an initial offer that is much less than the amount you demanded in your letter. This is a tactic to assess how strong your case. In the counteroffer, it's crucial to highlight the most powerful arguments for your side - for example, that the insured was entirely at fault and that you suffered serious injuries that resulted in the highest medical costs. Eventually, bargaining back and forth will lead to an amount that is both reasonable and fair.

An experienced accident lawyer can effectively argue for the benefits of your claim, including presenting evidence to support your losses. This could include photographs of the damage to your vehicle as well as a police report and witness testimony. We also know how to calculate the value of each element of your claim, including lost income and suffering and pain.

At this point, if the insurance company continues to refuse to offer a fair amount, we may choose to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is ruled on by an attorney or a jury. If your case settles before reaching this stage it could take months. Your attorney may be eligible to file a motion for summary judgement. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for the opposing side to prevail.

Filing a Lawsuit

In a majority of cases involving car accidents parties can settle their disputes outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the person who is at fault. If an agreement cannot be reached our lawyers will file a lawsuit against the defendant. The Complaint will list your assertions and allegations regarding the cause of the crash and why you deserve compensation. The defendant is served the Complaint and given a set time frame to respond.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, focusing on what they believe happened during the crash, as well as how they think it took place and what injuries you've suffered. We will also seek out expert opinions that support our position.

During the discovery phase, your lawyer could prepare legal documents referred to as motions to the court to be decided by the judge. This could include asking the court to block evidence or to schedule a trial. It can take up to one year for the discovery process to be completed and a trial date scheduled. This is why it's crucial to work with an experienced Long Island car lucas auto accident attorney attorney early in the process.