The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation can help you determine the strengths of your case as well as what settlement amount you might get. But it is only possible when you have all the relevant information.

Discovery is the first stage of a car accident case. During this stage, attorneys and their teams will exchange documents and ask questions under an oath.

Documentation

The majority of the work involved in a car crash case is obtaining documentation. This can include evidence such as photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will become.

The first piece of evidence you need is a report from the police. The police officer who arrives at the accident scene is likely to prepare a written report. It will give valuable information regarding the accident as well as who was responsible.

Your lawyer may also utilize the report of a law enforcement officer to obtain additional evidence, if needed. For instance, if an accident happened in a business where employees were present, the site might have recorded footage of the incident. If this is the case, ask for a copy of the footage from the business.

Document any expenses you incurred due to the accident. Record any costs you incur due to. This can include medical bills and records for your treatment, receipts for medicines rental car charges as well as in-home care or assistance transport costs, and many more. In addition, you should record any income loss as a result of your accident. You can utilize old tax returns and Vimeo pay stubs.

If you can, collect the names of witnesses to the accident as well. They might be able to give valuable information, especially if can get them to appear in court. It is important to remember that witnesses may alter their accounts over time, and could forget specific details about the incident.

Intake and Investigation

The process of intake is crucial to receiving an adequate amount of compensation for your injuries sustained in an accident, whether you have filed an insurance claim or are suing the party at fault. Your lawyer will begin by looking through your medical documents, and then obtaining copies accident reports and other available evidence. They will also visit the site of the crash to observe and document what they can.

This information will allow them to know the extent of your injuries both in terms of future and projected costs for your emotional and physical suffering. They will then review your financial losses to estimate the total value of your case. Your damages can 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 collect the driver at fault's driving records and phone records to determine how they used their vehicle at the time of the accident. This is especially important in the event that there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver was working on the clock.

In addition your lawyer will also ask questions regarding the defendant's prior criminal and traffic-related offenses during the discovery process. These details are typically not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents then your lawyer will begin negotiations for settlement. In the beginning the insurance company will offer an offer that is usually much lower than what you requested in your letter. This is a method to see how strong your case. In the counteroffer it is crucial to highlight the most powerful arguments you have in your favor - for example, the insured was at the fault and that you sustained serious injuries that resulted in high medical costs. Negotiating back and forth should eventually result in an equitable and reasonable amount.

A skilled accident attorney can effectively argue for the merits of your case, by presenting evidence to prove your losses. This may include photos of the car's damage, a police report and witness testimony. We also know how to calculate the value of each element of your claim, including loss of income, suffering and pain.

If the insurance company refuses to pay an appropriate amount at this point, we could start a lawsuit. A trial typically lasts up to two days and is either heard by an individual judge (called a bench trial) or by a jury. If your case settles prior to reaching this stage the process could last months. Your lawyer may also be able file a summary motion to enter judgment. This is a way of claiming that all evidence is in your favor, and arguing that it's impossible to allow the opponent to prevail.

Filing an action

In the majority of cases involving car accidents, the parties can resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. If an agreement is not reached Our lawyers will start an action against the defendant. The Complaint will contain your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant is served the Complaint, and given a set amount of time to respond.

During the discovery phase, our attorneys will discuss documents and other materials with the defendant while asking questions through interrogatories and depositions. Our team will inquire to the lawyer of the defendant regarding their view of the events, such as what injuries you've sustained and what they believe happened. took place. We will also solicit expert opinions that enforce our position.

During the discovery process, your lawyer may submit legal documents known as motions to the court to a judge's decision on. This can include requests for the court to block certain evidence or to set a trial date. It could take up to one year for the discovery process to be completed and a trial date established. It is crucial to talk with an experienced Long Island glens falls auto accident lawyer accident attorney as early as possible during the process.