The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car accident litigation will help you determine how strong your case is and also how the settlement may be worth. This is only possible if all the information you need is available.

The first step in a car accident lawsuit is called discovery. During this phase attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a large aspect of the investigation in the event of a car crash. This may include evidence such as photos, medical records, or witness statements. The more evidence you have, the more convincing your case.

A police report is the primary document you should have. The police officer who arrives at the fort bragg auto accident law firm scene is likely to prepare a written report. It will provide important information about the accident and who was responsible for it.

Your lawyer can also make use of a law enforcement report to seek additional evidence in the event of need. If the accident occurred in a place of business, for example employees may have recorded video footage. If this is the case, you must seek a copy from the company.

Document any expenses you incurred as a result of the accident. Record any costs you incur due to. This can include medical bills and records for your treatment, receipts for medications rental car costs and in-home assistance or care transport costs, and Vimeo much more. It is also important to document any income lost due to your injury. This can include old pay stubs, as well as tax returns.

You should also try to find the names of witnesses. They could be valuable sources of information for your case, particularly those who are able to be present at trial. However, it is important to remember that witnesses may alter their testimony over time and they may forget details about the accident.

Intake and Investigation

The intake process is critical in obtaining an adequate amount of compensation for your accident injuries, whether you have filed an insurance claim or are suing the party at fault. Your attorney will begin by examining your medical records, as well as obtaining copies of accident reports and other evidence. They will also visit the scene of the accident to record and observe what they can.

This information will help them know the extent of your injuries as well as the future and projected costs for your physical and emotional suffering. They will then review your financial losses to determine the value of your case. Damages could include not only your current and future medical costs as well as lost income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and reviewing any available evidence. They will also gather the driver at fault's driving records and cell phone records to see the way they used their vehicle at the time of the crash. This is particularly important if there was a collision with an Uber or Lyft vehicle or any other evidence that suggests the driver was working on the clock.

In addition to this your attorney may inquire about the defendant's previous criminal and traffic offense history during the discovery process. These information is generally not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have received the medical records, you are able to begin negotiations for settlement. The insurance company is likely to make an initial offer that is much less than the amount you demanded in your letter. This is a way to assess the strength of your case. In the counteroffer, it's important to emphasize the strongest points in your favor - for instance, that the insured was entirely at the fault, and that you suffered serious injuries that resulted in the highest medical costs. Negotiating back and forth should eventually result in an acceptable and reasonable amount.

A skilled attorney can successfully argue for your claim's merits, by presenting evidence to justify your losses. This could include photos of the car damage, police reports, and witness testimony. We can calculate the various components of your claim like lost income as well as pain and suffering, and police report.

At this point, if the insurance company continues to refuse to offer a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial usually lasts about two or three days and is usually ruled by an individual judge (called a bench trial) or a jury. If your case settles prior to reaching this stage it could take months. Alternatively, your attorney may be capable of filing a motion for summary judgment. This is a way of claiming that all evidence is in your favor and arguing that it's impossible for the opponent to win.

Filing a Lawsuit

In a majority of cases involving car accidents, the parties can resolve their disputes outside of court. Our team will work to help you negotiate an agreement with the insurance company of the other driver company or directly with the person at fault. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint outlines your claims and allegations relating to the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a certain time frame to respond.

During the discovery phase, our lawyers will discuss documents and other evidence with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions about their version of events, Vimeo focusing on how they believe the crash took place and what injuries you've suffered. We will also seek out expert opinions that enforce our position.

During the discovery phase, your lawyer could make legal documents known as motions with the court to be decided by a judge. This can include requests for the court's decision to exclude certain evidence or to schedule an appointment for trial. It could take a year or more to complete the discovery process and determine the date of trial for your case. This is why it's vital to find a knowledgeable Long Island car accident attorney at the beginning of the process.