The Intake Process for Car Accident Litigation

A lawyer who has experience in car accident litigation can help you determine the worth of your case and the amount of settlement you can get. However this is only feasible if you have all the relevant information.

Discovery is the initial step of an La Verkin Auto Accident Lawyer accident case. During this stage attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is a major component of an accident. This can include evidence like photos, medical records, or witness statements. Generally, the more documentation you have to back your claim, the more convincing your claim will be.

A police report is the primary document you should have. The police officer who arrives at the scene of the accident is likely to prepare a written report. This report will provide important details about the incident and the person responsible for it.

If necessary, your attorney can use the police report to gather additional evidence. If the accident occurred in the workplace, for example an employee could have recorded video footage. If this is the case, you must seek a copy from the company.

It is also important to document any expenses you incurred due to the accident. This can include medical bills and records of your treatment, receipts from medication, rental car fees home care or assistance as well as transportation costs and more. You should also document any income you lose due to your mendota auto accident attorney. This can include old pay slips and tax returns.

If you can, collect the names of witnesses to the accident as well. They could be valuable sources of information for your case, particularly in the event that they are able to testify at trial. It's important to remember that witnesses can alter their accounts and forget details regarding the accident as time passes.

Intake and Investigation

If you've filed an insurance company or are starting legal action against a negligent driver, the initial intake process is crucial to getting an adequate and fair settlement for your crash injuries. Your lawyer will begin by reviewing your medical treatment documents, and then obtaining copies accident reports and other evidence. They will also visit the scene of the crash to observe and document what they can.

This information will enable them to comprehend the extent of the injuries you've sustained as well as the cost and projections for your emotional or physical suffering. Then, they will look at your financial losses in order to determine the value of your case. The damages could not be limited to only future and current medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any available evidence. They will also gather the driver who was at fault and their driving cell phone records to see the way they used their vehicle at the time of the collision. This is especially important if there was a collision with an Uber or Lyft car or any other evidence that suggests the driver was working around the clock.

In addition, your attorney will likely ask questions about the defendant's criminal and traffic offence history during the discovery process. In general, these information are not admissible in court but they could be helpful to impeach the defendant's credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records then your lawyer will begin settlement negotiations. In the beginning the insurance company will make an offer that is usually much lower than what you request in the letter. This is a method to test the strength of your case. In the counteroffer it is crucial to highlight the most powerful points in your favor - for instance, that the insured was completely at blame and that you were afflicted with severe injuries with high medical costs. Negotiating back and forth could eventually lead to a fair and reasonable amount.

An experienced attorney will effectively argue the merits of your claim including presenting evidence to support your losses. This may include photos of the car damage or a police report, as well as witness testimony. We also know how to determine the value of each element of your claim, such as loss of income, pain and suffering.

If at this point the insurance company still refuses to offer a fair amount, we can choose to make a claim in court. A trial usually lasts for between one and two days. It can be heard by a judge (called a bench trial) or jurors. If your case settles prior to this phase it can take a few months. Your attorney may be capable of filing a motion for summary judge. This is a way of claiming that all evidence is in your favour, and arguing that it's impossible to allow the opposing side to prevail.

Filing a Lawsuit

In a majority of cases involving car accidents the parties can resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the party at fault. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will list your claims and details about the circumstances of the crash and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified timeframe to respond to it.

The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, such as what they believe happened during the crash, as well as how they think it occurred and the injuries you have suffered. We will also look for expert opinions to support our position.

During the discovery process your lawyer can submit legal documents known as motions to the court for a judge to rule on. This could mean asking the court to omit evidence or schedule a trial. It can take up to an entire year for the discovery process to be completed and a trial date scheduled. This is why it's vital to work with an experienced Long Island car accident attorney at the beginning of the process.