The Intake Process for Car Accident Litigation
A lawyer who is specialized in the field of car accident litigation can help you determine how strong your case is as well as how the settlement you receive could be worth. However, this is only possible with all the relevant information.
The initial step in a lawsuit involving a car accident is called discovery. During this stage, attorneys and their teams exchange documents and ask each other questions under an oath.
Documentation
A significant portion of the work that goes into a car accident case is collecting evidence. This could include evidence such as photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will become.
A law enforcement report is the first document you need. Typically, the police officer who comes to the scene of the accident will draft an investigation report. This will provide crucial information on the circumstances of the crash and who was at fault for the incident.
Your lawyer may also utilize a law enforcement report to obtain additional evidence if required. For example, if the incident occurred at a company, an employee at that site might have recorded footage of the incident. If this is the case the tape should be requested from the company as soon as is possible.
You should also record the expenses you incur as a result of the accident. This could include medical bills and records of your treatment, receipts for medication rental car expenses for in-home assistance, care at home expenses for transportation, and more. In addition, you should record any income loss because of your injury. You can use tax returns and pay stubs.
It is also advisable to get the names of witnesses. They might be able provide valuable information, especially if you are able to get them to be a witness in court. It is important to remember that witnesses can alter their story and forget details about the incident as time passes.
Intake and Investigation
If you have made an insurance company or have started an action against the at-fault driver, the initial intake process is essential to obtaining the full and fair amount of compensation for your injuries from a crash. Your attorney will start by reviewing your medical records, obtaining copies of accident reports and other evidence. They will also go to and document the scene of the accident.
This information will assist them understand the extent of your injuries as well as the current and projected future costs for your emotional and physical suffering. They will then analyze your financial losses to determine the value of your case. Damages could include not only your current and future medical costs but also income loss and property damage.
Your lawyer will also investigate, including interviewing any witnesses and analyzing all the available evidence. They will also obtain the driver at fault's driving records and cell phone records to see the way they used their vehicle at the time of the collision. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was on the job, since this could affect their ability to pay your damages.
As part of the process of discovery the lawyer will ask about the defendant's criminal and traffic offence records. Generally speaking, these facts are not admissible in court, however they could be helpful to undermine the credibility of a defendant during cross examination.
Negotiating a Settlement
After obtaining the medical records after which your lawyer can start negotiations on settlement. In the beginning the insurance company will make an offer which is usually considerably lower than what you request in the letter. This is an opportunity to assess the strength of your argument. In the counteroffer, it is important to highlight the strongest points in your favor - for example, that the insured was at the fault and that you sustained severe injuries with significant medical expenses. Negotiating back and forth could eventually result in a fair and reasonable amount.
A skilled lawyer for accidents can effectively argue your claim's merits including presenting evidence to back your losses. This may include photos of your car damage, police reports and witness testimony. We have the ability to calculate various aspects of your claim, such as loss of income along with pain and suffering as well as a police report.
If the insurance company is unwilling to pay an acceptable amount at this point, we may start a lawsuit. A trial usually lasts one or two days and can be heard by an individual judge (called a bench trial) or by jurors. If your case settles prior to this stage it could take a few months. Your attorney may also be able to file a summary motion to enter judgment. This involves arguing that all evidence is in your favor and arguing that it's impossible for the opposition to win.
Filing an action
In the majority of car accident cases parties can resolve their disputes without the need for court. Our team will help you negotiate an agreement with the insurance company or directly with the party at fault. However, if an agreement is not reached Our lawyers will bring a lawsuit against the defendant. The Complaint will detail your assertions and allegations regarding how the accident occurred and why you deserve compensation. auto accident law firm redding will be served with the Complaint and given a certain time frame to respond to it.
During the discovery phase, our lawyers will exchange documents and other evidence with the defendant while asking questions via interrogatories and depositions. Our team will ask questions to the lawyer representing the defendant about their version of the events, including the injuries you've sustained and the way they believe it occurred. We will also seek expert opinions to support our position.
During the process of discovery, your lawyer could submit legal documents known as motions to the court to a judge's decision on. This can include requesting the judge to exclude evidence or to schedule a trial. It can take up to a year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.