The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases can help you determine the strength of your case and the amount of settlement you could get. This is only possible if all the information you require is available.

The first step in a lawsuit involving a car accident is known as discovery. In this phase, attorneys and their teams will exchange documents and ask questions under the oath.

Documentation

Documentation is a large part of the work in the event of a car crash. This could include evidence such photographs, medical records or witness statements. The more evidence you have, the more convincing your case will be.

A police report is the first piece of paper you need. Typically the police officer who arrives at the scene of the accident will draft the report, and it will provide important information about the circumstances of the crash and who was responsible for the incident.

Your lawyer may also utilize the report of a law enforcement officer to pursue additional evidence if required. For example, if the incident took place in a commercial where employees were present, the location might have recorded footage of the incident. If this is the case, you should request a copy from the company.

You should also document any expenses you incurred as a result of the accident. This could include medical bills and records of your treatment, receipts for medication rental car charges and in-home assistance or care transport costs, and many more. It is also important to document any income you lose due to your accident. This could include old pay slips and tax returns.

If you are able to, request the names of any witnesses to the accident as well. They might be able to give valuable information, especially if you are able to get them to appear in court. However, it is important to remember that witnesses may alter their accounts over time, and may forget details of the incident.

Intake and Investigation

The process of intake is crucial to obtaining an adequate amount of compensation for your accident injuries, whether you have filed an insurance claim or you are suing the person at fault. Your lawyer will begin by examining your medical records and then obtaining copies accident reports and other evidence. They will also visit the site of the accident to take note of what they can.

This will help them determine the extent of your injuries as well as the future and auto accident lawsuit anticipated costs for your emotional and physical suffering. They will then review your current and future financial losses in order to estimate the value of your case. The damages you suffer could include not only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also take the driver who was at fault and their driving phone records to determine what they were doing with their vehicle at the time of the collision. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working, as this could negatively impact their ability to cover your damages.

In addition your lawyer will also ask questions regarding the defendant's prior criminal and traffic offence history in the discovery process. These details are generally not admissible but could be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

Once you have the medical records, you are able to begin settlement negotiation. The insurance company may make an initial offer that is much less than the amount you requested in your letter. This is a way to assess the strength of your case. In the counteroffer, it's crucial to emphasize the most important arguments in your favor, for example, that the insured was at fault and that you suffered severe injuries with significant medical expenses. Then, back and forth bargaining should result in an amount that is both reasonable and fair.

A skilled accident attorney can effectively argue the merits of your claim including presenting evidence that supports your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to calculate the value of various components of your claim, like loss of income, suffering and pain.

If at this point the insurance company is still refusing to offer a reasonable amount, we have the option to make a claim in court. A trial typically lasts about two or three days and is either heard by a judge (called a bench trial) or by a jury. If your case is settled prior to reaching this stage it could take months. Your attorney may be capable of filing a motion for summary judgment. This means claiming that all evidence is in your favor and arguing that it's impossible for the opposing side to prevail.

Filing a Lawsuit

In a majority of cases involving car accidents, the parties are able to resolve their disagreement outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the driver responsible for the accident. If an agreement cannot be reached, our lawyers will file an action against the defendant. The Complaint will list your claims and allegations about the circumstances of the crash and the reason you should be compensated. The defendant is served the Complaint and given a set amount of time to respond.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will inquire to the lawyer of the defendant regarding their version of the events, focusing on what injuries you've sustained and how they believe it happened. We will also request expert opinions that will support our stance.

During the discovery process your lawyer can make legal motions to the court for a judge's ruling on. This may include requests for haim.kr the court to exclude certain evidence or to schedule an appointment for trial. It could take up to an entire year for the discovery process to be completed and a trial date established. It is crucial to talk with an experienced Long Island Southfield Auto Accident Lawsuit south dakota auto accident law firm attorney as early as possible during the process.