The Intake Process for Car Accident Litigation

A lawyer with expertise in litigation involving car accidents can help you determine the strength of your case is as well as how the settlement may be worth. However this is only possible with all the relevant information.

Discovery is the first stage of an stanton auto accident attorney accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

A significant portion of the work involved in a car crash case is collecting documentation. This could include evidence like photographs, medical records, or witness statements. Generally, the more documentation you have to back your claim the stronger your argument will be.

A police report is the primary document you need. Typically, the police officer who arrives at the scene of the accident will write an investigation report. This will provide important information about how the new braunfels auto accident lawsuit occurred and who was at fault for the incident.

If required your attorney has to use a police report to gather additional evidence. If the accident occurred in the workplace for instance, an employee may have recorded video footage. If that's the case, the tape must be requested from the company as soon as possible.

Record any expenses you have incurred because of the hazard auto accident lawsuit. Record any costs you incur due to. This could include medical bills and records of your treatment, receipts from medications rental car costs and in-home care or assistance as well as transportation costs. Additionally, you must record any income loss because of your injury. You can use your old tax returns and pay stubs.

It is also advisable to obtain the names of witnesses. These people can serve as important sources of information in your case, especially those who are able to testify at trial. However, it's important to remember that witnesses can change their testimony over time and may forget details of the accident.

Intake and Investigation

The intake process is critical to getting an adequate amount of compensation for your injuries from an accident, whether you have filed a claim with an insurance company or are suing the party at fault. Your attorney will begin by examining your medical records, and obtaining copies of accident reports and other evidence. They will also visit and document the accident scene.

This will help them to comprehend the extent of the harm you've suffered in terms of current and projected costs for your physical or emotional suffering. They will also review your existing and expected financial losses to estimate the value of your case. Your damages can include not only your current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also obtain information about the driving habits and cell phones of the driver at fault in order to determine how they operated their vehicle at that time. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was working while on the job, since it could affect their ability to pay your damages.

Additionally your attorney may ask questions about the defendant's previous criminal and traffic offence history during the discovery process. These details are typically not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company will typically make an initial offer that is less than what you demanded in your letter. This is a strategy to assess how strong your argument is. In the counteroffer, it's crucial to emphasize the most important points in your favor - for example, that the insured was fully at the fault, and that you suffered serious injuries that resulted in significant medical expenses. In the end, the back and forth negotiation should result in an amount that is both fair and reasonable.

An experienced accident lawyer can effectively argue for your claim's merits, including presenting evidence to back your losses. This could include photos of car damages, police reports and witness testimony. We also know how to determine the value of different elements of your claim, like loss of income, suffering and pain.

If at this point the insurance company still refuses to offer a fair amount, we can choose to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is heard either by either a judge or jury. If your case is settled prior to this stage it could take several months. Or, your lawyer may be eligible to file a motion for summary judgement. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for the opposition to win.

Filing a Lawsuit

In a majority of car accident cases parties can settle their dispute out of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person who was at fault. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint contains your claims as well as allegations regarding the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond to it.

During the discovery phase, our attorneys will discuss documents and other materials with the defendant and ask questions via interrogatories and depositions. Our team will pose questions to the defendant's lawyer about their interpretation of the events, focusing on what injuries you've sustained and how they believe it took place. We will also request expert opinions that will support our stance.

During the discovery phase, your lawyer can prepare legal documents referred to as motions with the court for a decision by the judge. This may include requesting the court to block evidence or to schedule a trial. It can take as long as one year for the discovery process to be completed and a trial date set. This is why it's crucial to partner with an experienced Long Island car accident attorney early on in the process.