The Intake Process for Car Accident Litigation

An experienced lawyer in the field of car accident litigation will be able to help you determine the potential strength of your case and the amount of settlement you can get. But this is only feasible with all the information needed.

Discovery is the initial step of an roeland park auto accident law firm accident case. In this stage, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

The majority of the work that goes into a car accident case is obtaining documentation. This may include evidence such as medical records, photos, or witness statements. Generally speaking, the more evidence you have to support your claim, the more convincing your argument will be.

A law enforcement report is the first document you need. Typically the police officer that arrives at the scene of the accident will draft reports, and these will provide crucial information on the circumstances of the crash and who was responsible for the incident.

If required you need to, your attorney can make use of an investigation report to collect additional evidence. For example, if the incident occurred at a company or office, an employee working at the site might have recorded footage of the incident. If this is the case, you must seek a copy from the business.

Note any costs you have incurred because of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records for your treatment, receipts for medications, rental car fees, in-home care or assistance expenses for transportation, and much more. In addition, you should note any income loss because of your accident. You can use tax returns and pay stubs.

If you can, get the names of witnesses to the accident as well. These people may be able provide valuable details, especially if are able to get them to appear in court. It is important to keep in mind that witnesses may alter their stories and forget details regarding the accident as time passes.

Intake and Investigation

The intake process is essential to receiving an adequate amount of compensation for your injuries sustained in an accident regardless of whether you've filed an insurance claim or are suing the at-fault party. Your attorney will start by looking through your medical documents, and then obtaining copies accident reports as well as other evidence. They will also visit the site of the crash 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 current costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to determine the total value of your case. The damages you incur could comprise not only your current and future medical costs as well as lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing all available evidence. They will also obtain the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the crash. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, since this could impact the ability of them to pay damages.

As part of the discovery procedure, your lawyer will also ask about the defendant's criminal and traffic record of offenses. In general, these information are not admissible in court but they could be helpful to undermine the credibility of a defendant during cross examination.

Negotiating a Settlement

Once you have received the medical records, you are able to begin settlement negotiation. The insurance company will often make an initial offer that is much less than the amount you requested in your letter. This is a tactic to assess how strong your argument is. In the counteroffer, it's important to emphasize the strongest points in your favor - for example, that the insured was entirely at blame and that you were afflicted with serious injuries that resulted in high medical costs. Negotiating back and forth should eventually lead to an appropriate and fair amount.

A skilled lawyer for accidents can effectively argue for your claim's merits, including presenting evidence to prove your losses. This could include photographs of the car damage as well as a police report and witness testimony. We also know how to calculate the value of various elements of your claim, including lost income and pain and suffering.

If the insurance company refuses to pay an amount that is reasonable at this point, we could file a lawsuit. A trial typically lasts one or two days and is supervised by a judge (called a bench trial) or by a jury. If your case is settled prior to reaching this stage, the process can take months. Your lawyer may also be able to file a summary motion to enter judgment. This means presenting all of the evidence to your advantage and arguing that it's impossible for the other side to prevail.

Filing an action

In the majority of car accident cases, the parties are able to resolve their disputes without going to court. Our team will help you negotiate a settlement with the insurance company of the other driver company, or directly with the person at fault. If there is no agreement Our lawyers will bring an action against the defendant. The Complaint outlines your claims and allegations about the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular period of time to respond.

During the discovery phase, our lawyers will exchange documents and other evidence with the defendant while asking questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions about their view of the events, including the circumstances under which they believe the crash took place and what injuries you've suffered. We will also solicit expert opinions that enforce our position.

During the discovery phase, your lawyer could file legal documents called motions to the court for Vimeo.com a judge to decide on. This may include requesting the court to block evidence or to schedule a trial. It could take up to one year for the investigation process to be completed and a trial date to be set. It is essential to speak with an experienced Long Island auto accident attorney early during the process.