The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases will be able to assist you determine the strength of your case and how much settlement you could receive. However it is only possible with all the necessary information.

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

Documentation

Documentation is an integral part of the work in the event of a car crash. This could include evidence such as photos, medical records, or witness statements. The more evidence you can provide to support your claim the more convincing your case will be.

A law enforcement report is the primary document you should have. The police officer who arrives at the accident scene will usually write a report. This will provide valuable details about the incident and the person responsible for it.

Your lawyer may also utilize the report of a law enforcement officer to gather additional evidence in the event of need. For instance, if the incident took place in a commercial the employee who worked at that location may have recorded footage of the incident. If this is the case the tape must be requested from the company as soon as is possible.

You should also keep track of any expenses you incurred as a result of the accident. This could include medical expenses and records of your treatment, receipts from medications, yakima auto accident lawsuit rental car charges and in-home care or assistance as well as transportation costs. In addition, you should document any lost income because of your accident. This could include old pay stubs and tax returns.

It is also advisable to get the names of witnesses. These people can serve as important sources of information in your case, especially those who are able to give evidence at trial. However, it's important to keep in mind that witnesses are prone to altering their stories over time and may forget details of the incident.

Intake and Investigation

Whether you have filed an insurance claim with an company or are preparing legal action against a negligent driver, the process of intake is crucial to getting the full and fair amount of compensation for your injuries from a crash. Your attorney will start by looking over your medical treatment documents, as well as copies of accident reports as well as other evidence. They will also go to and document the accident scene.

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

Your lawyer will also conduct an investigation by interviewing witnesses and reviewing all available evidence. They will also obtain the driver at fault's driving records and cell phone records to see the way they used their vehicle at the time of the auto accident. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working while on the job, as this could negatively impact the ability of them to pay damages.

As part of the process of discovery, your lawyer will also ask about the defendant's traffic and criminal conviction records. These information is generally not admissible, but they could be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

After receiving the medical records, you're able to begin negotiations for settlement. In the beginning, the insurance company may make an offer that is often much lower than what you demand in the letter. This is a way to determine the strength of your case. When you counteroffer, it's crucial to highlight the most powerful arguments you have to your advantage. For instance, if you claim that the insurance company was at fault and that there were serious injuries as well as significant medical expenses. In the end, a lot of negotiations back and forth will result in an amount that is fair and reasonable.

An experienced attorney can successfully argue the merits of your claim including presenting evidence that supports your losses. This could include photographs of the car's damage, a police report and witness testimony. We also know how to calculate the value of various components of your claim, such as loss of income, pain and suffering.

At this point, if the insurance company still refuses to offer a fair amount, we have the option to make a claim in court. A trial usually lasts between one and two days. It is either heard by an individual judge (called a bench trial) or jurors. If your case is settled prior to reaching this phase it could take months. Your attorney may also be able to file a summary motion to dismiss. This involves arguing that all evidence is in your favor, and arguing it's impossible for the opponent to win.

Filing an action

In the majority of car accident cases parties can resolve their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver at fault. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will detail your assertions and allegations regarding how the crash occurred and why you deserve compensation. The defendant will be served with the Complaint and given a specified time frame to respond to it.

During the discovery phase, our attorneys will discuss documents and other information with the defendant, while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, focusing on the circumstances under which they believe the crash occurred and what injuries you've suffered. We will also solicit expert opinions to support our position.

During the discovery process your lawyer may submit legal documents known as motions to the court for a judge to rule on. This can include requesting the court to block evidence or schedule a trial. It can take a whole year or more to complete the discovery process and determine an appointment date for your case. It is essential to speak with an experienced Long Island erie auto accident lawsuit accident lawyer (Read the Full Post) accident attorney early during the process.