The Intake Process for Car Accident Litigation

A lawyer who is specialized in the area of car accident litigation will help you determine the strength of your case is, and how much your settlement could be worth. This is only possible if all the information you need is available.

The initial step in a car crash lawsuit is known as discovery. During this phase attorneys and their teams will communicate with each other and ask questions under an oath.

Documentation

Documentation is an integral component of an lexington auto accident attorney. This could include evidence such 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 primary document you need. The police officer who arrives at the accident scene will usually write a report. This report will provide important information regarding the accident as well as who was responsible.

If required you need to, your attorney can make use of an investigation report to collect additional evidence. If the incident occurred in the business environment such as a place of business, an employee may have recorded video footage. If this is the case, you should request a copy from the business.

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

If you can, collect the names of witnesses to the incident as well. These people may be able to give valuable details, especially if are able to have them give evidence in court. However, it's important to keep in mind that witnesses can alter their stories over time and could forget specific details about the accident.

Intake and Investigation

If you've filed an insurance company or are starting a lawsuit against an at-fault driver, the process of obtaining an intake is crucial to getting an adequate and fair settlement for your crash injuries. Your lawyer will begin by examining your medical records, and obtaining copies accident reports and other evidence. They will also visit and document the scene of the accident.

This will help them to assess the severity of injuries you have suffered, both in terms cost and projections for your emotional or physical suffering. Then, they will review your financial losses in order to estimate the value of your case. The damages could include not just your current and future medical costs but also income loss and property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any evidence. They will also gather the driving and cell phone records of the driver at fault in order to determine how they used their vehicle during the time. This is especially important if there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was working on the clock.

In addition to this your lawyer will also ask questions about the defendant's previous criminal and traffic-related offenses as part of the discovery process. These information is generally not admissible but could be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After you have obtained the medical records then your lawyer will begin negotiations on settlement. The insurance company is likely to make an initial offer that is smaller than the amount that you requested in your letter. This is a method to determine how strong your case is. In your counteroffer, it's crucial to highlight the most powerful points you have in your favor. For instance, if you claim that the insurance company was in the wrong and that there were severe injuries and high medical costs. In the end, a lot of back and forth bargaining should result in an amount that is both reasonable and fair.

An experienced accident lawyer can effectively argue the merits of your claim by presenting evidence to prove your losses. This could include photographs of the damage to your car along with a police report as well as witness testimony. We also know how to determine the value of different elements of your claim, including lost income and suffering and pain.

If the insurance company refuses to pay an appropriate amount at the moment, we can bring a lawsuit. A trial usually lasts between one and two days, and is judged by jurors or a judge. If your case settles prior to reaching this stage the process could last months. Your attorney might also be able file a summary motion to dismiss. This means claiming that all evidence is in your favor, and arguing that it is impossible for the opposition to win.

Filing a Lawsuit

In a majority of cases involving car accidents, the parties can settle their dispute out of court. Our team will help you negotiate with the insurance company of the other driver or directly with the driver who is at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint contains your claims and allegations about the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified time frame to respond.

During the discovery phase, our attorneys will exchange documents and other evidence with the defendant and ask questions through interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, auto accident such as what they believe happened during the crash, as well as how they think it occurred and the injuries you've sustained. We will also seek expert opinions to support our position.

During the discovery phase, your lawyer can make legal motions to the court for a judge to rule on. This could include asking the court to omit evidence or set a trial date. It can take a year or more to complete the discovery process and determine the date of trial for your case. It is crucial to talk with an experienced Long Island richmond heights auto accident law Firm auto accident lawsuit attorney as early as possible during the process.