13 Things About Auto Accident Claim You May Never Have Known

The Intake Process for Car Accident Litigation

A lawyer that specializes in the field of car accident litigation can assist you in determining how strong your case is and also how the settlement might be worth. This is only possible if all the information you need is available.

Discovery is the first stage of an auto accident law firm accident case. During this stage, attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

The majority of the work involved in a car crash case is collecting evidence. This could include evidence such as photographs, medical records or witness statements. Generally, the more documentation you have to back your claim the stronger your argument will be.

The first piece of evidence you should have is a report from the police. Typically, the police officer who comes to the scene of the accident will draft an investigation report. This will give important details about the circumstances of the crash and who was responsible for the incident.

Your lawyer can also make use of the law enforcement report to gather additional evidence, if needed. For instance, if the incident occurred at a company where employees were present, the area may have recorded video footage of the incident. If this is the situation, the tape should be requested from the company as soon as it is possible.

You should also record the costs you have incurred in the aftermath of the auto accident attorneys. These could include medical bills and records for your treatment, receipts for medicines, rental car fees as well as in-home care or assistance transport costs, and much more. It is also important to document any income you lose due to your accident. This could include old pay stubs as well as tax returns.

If you are able to, request the names of any witnesses to the incident as well. They could be valuable sources of information for your case, especially those who are able to testify at trial. However, it's important to remember that witnesses can alter their testimony over time and forget details of the incident.

Intake and Investigation

The process of intake is crucial to obtaining an adequate amount of compensation for your accident injuries regardless of whether you've filed an insurance claim or are suing the party at fault. Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.

This information will allow them to comprehend the severity of your injuries in relation to future and projected costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to estimate the value of your case. The damages you suffer could include not just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and reviewing all available evidence. They will also obtain data from the cell phone and driving records of the drivers at fault to see how they used their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working while working, as this could affect the ability of them to pay damages.

Additionally, your attorney will likely inquire about the defendant's criminal and traffic-related offenses in the discovery process. In general, these information are not admissible in court, but they can be useful to discredit the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have the medical records then your lawyer will begin negotiations to settle the matter. Initially, the insurance company may make an offer which is usually considerably lower than what you request in the letter. This is a way to test the credibility of your argument. In your counteroffer, it is essential to highlight the most compelling arguments you have in your favor. For instance, you can say that the insurance company was at fault and that there were serious injuries as well as the medical costs were high. Eventually, bargaining back and forth will result in an amount that is both fair and reasonable.

A skilled lawyer for accidents can successfully argue your claim's merits including presenting evidence to prove your losses. This could include photos of the damage to your car, a police report and witness testimony. We are able to determine the various elements of your claim, such as lost income or pain and suffering, as well as police reports.

If the insurance company refuses to pay a reasonable amount at this point, we may file a lawsuit. A trial usually lasts between one and two days, and is ruled on by jurors or a judge. If your case is settled before reaching this phase it could take months. Your lawyer may also be able to file a summary judgment motion. This means claiming that all evidence is in your favor, and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In the majority of car crash cases parties can resolve their disagreement without going to court. Our team will assist you in negotiating an agreement with the insurance company or directly with the person at fault. However, if an agreement is not reached the lawyers of our firm will start an action against the defendant. The Complaint contains your claims and allegations regarding the auto accident attorney, and explains why 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 discuss documents and other materials with the defendant, while asking questions via interrogatories as well as depositions. Our team will be asking questions to the lawyer representing the defendant about their version of the events, including what injuries you have suffered and the way they believe it happened. We will also look for experts to back our position.

During the discovery process, your lawyer may file legal documents called motions to the court for a judge to decide on. This can include requesting the court to block evidence or set a trial date. It can take a whole year or more to complete the discovery process and set an appointment date for your case. This is why it's important to consult with a seasoned Long Island car accident attorney early in the process.