The Intake Process for Car Accident Litigation
A lawyer who specializes in the field of car accident litigation can help you determine how strong your case is and also how much your settlement could be worth. However, this is only possible if you have all the information needed.
Discovery is the initial step of a car accident case. During this stage, attorneys and their teams exchange documents and ask questions under an oath.
Documentation
Documentation is a major component of an accident. This can include evidence like photographs, medical records, or witness statements. The more evidence you can provide to support your claim, the more convincing your case will be.
The first document you should have is a report from the police. Typically the police officer who comes to the scene of the crash will prepare a report, and this will give important details about how the accident occurred and who was responsible for the incident.
If needed your attorney has to use a police report to gather additional evidence. For example, if the accident happened in a business the employee who worked at that location might have recorded footage of the incident. If this is the case the tape must be requested from the company as soon as possible.
Record any expenses you have incurred in the aftermath of the accident. Record any costs you incur due to. This could include medical expenses or records of treatment, medication receipts rental car expenses as well as in-home assistance or care transport costs, and many more. In addition, you should keep track of any income loss because of your injury. This could include old pay stubs as well as tax returns.
You should also get the names of witnesses. They might be able provide valuable information, especially if are able to have them appear in court. It's important to keep in mind that witnesses could alter their accounts and forget details about the accident over time.
Intake and Investigation
The process of intake is crucial to obtaining fair settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or are suing the responsible party. Your lawyer will begin by reviewing your medical treatment records, obtaining copies of accident reports and other evidence. They will also visit the site of the accident to take note of what they can.
This information will allow them to understand the extent of your injuries, both in terms of future and projected costs for your physical and emotional suffering. Then, they will look at your financial losses in order to determine the value of your case. The damages could not be limited to just future and present medical expenses, but also your loss of income and property damage.
Your lawyer will also investigate the incident, including questioning witnesses and analyzing any available evidence. They will also obtain the driver at fault's driving records and cell phone records to see how they used their vehicle at the time of the collision. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was on the job, since this could impact their ability to cover your damages.
Additionally, your attorney will likely ask questions about the defendant's criminal and traffic-related offenses as part of the discovery process. These information is generally not admissible, but can be used to undermine the defendant's credibility during cross-examination.
The process of negotiating a settlement
Once you have received the medical records, it is possible to begin negotiations for settlement. The insurance company will typically make an initial offer that is much lower than the amount you requested in your letter. This is a tactic to test how convincing your argument is. In the counteroffer, you must be crucial to highlight the most powerful points in your favor - for example, that the insured was at blame and that you were afflicted with severe injuries with high medical costs. Negotiating back and forth will eventually lead to an appropriate and fair amount.
A skilled lawyer for accidents can effectively argue your claim's merits including presenting evidence to prove your losses. This could include photos of vehicle damage, police reports and witness testimony. We can determine the various elements of your claim such as lost income, pain and suffering and police report.
If the insurance company refuses to pay a reasonable amount at this point, we could start a lawsuit. A trial typically lasts between one and two days and is conducted by a judge or a jury. If your case is settled before this point, it can take several months. Your lawyer may also be able file a summary motion to enter judgment. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to win.
Filing a Lawsuit
In the majority of car crash instances, parties can resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. If there is no agreement, our lawyers will bring a lawsuit against the defendant. auto accident law firm ventura will list your claims and allegations about how the accident occurred and why you are entitled to compensation. The defendant is served the Complaint and given a certain time frame to respond.
The discovery phase is where our lawyers and the defendant begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, focusing on the circumstances under which they believe the crash happened and what injuries you've sustained. We will also search for experts to back our claims.
During the process of discovery, your lawyer could submit legal documents, also known as motions to the court for a judge to rule on. This may include requests for the court to omit certain evidence or to set a trial date. It can take a whole year or more to complete the discovery process and set the date of trial for your case. This is why it's crucial to partner with an experienced Long Island car accident attorney early in the process.