The Intake Process for Car Accident Litigation

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

The first step in a car accident lawsuit is called discovery. In this phase attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

A lot of the work involved in a car crash case is obtaining documentation. This could include evidence such photos, medical records or witness statements. Generally speaking, the more evidence you can provide to support your claim, the more convincing your argument will be.

The first document that you must have is a report from the police. The police officer who arrives at the scene is likely to prepare a written report. This will provide valuable information about the accident and who was responsible.

If required you need to, your attorney can make use of the police report to gather additional evidence. If the incident occurred at the business environment such as a place of business an employee could have recorded video footage. If this is the case, the tape must be requested from the company as soon as is possible.

Keep track of any expenses you incur because of the accident. Document any expenses you incurred due to. These could include medical bills, records of your treatment, medication receipts rental car expenses, in-home assistance or care as well as transportation costs. It is important to record any income loss due to your injury. This could include old pay stubs, as well as tax returns.

If you are able to, request the names of any witnesses to the boise city auto accident lawsuit as well. They may be able to provide valuable information, particularly if you can get them to give evidence in court. It is important to remember that witnesses could alter their stories and forget details about the incident over time.

Intake and Investigation

The intake process is essential in obtaining 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 over your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit and document the scene of the accident.

This will help them know the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then look over your existing and expected financial losses to estimate the value of your case. Your damages may include not just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing the available evidence. They will also take the driver who was at fault and their driving cell phone records to see how they were using their vehicle at the time of the jersey city auto accident lawsuit. This is especially important if there was a collision that involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the clock.

As part of the discovery procedure Your lawyer will inquire about the defendant's criminal and traffic offense records. These details are generally not admissible, but they could be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

Once you have the medical records, you are able to begin negotiations for settlement. Initially, the insurance company may make an offer that is usually significantly lower than the amount you demand in the letter. This is a strategy to assess how strong your argument is. In your counteroffer, it's crucial to emphasize the most important arguments you have to your advantage. For instance, you could argue that the insurer was at fault and that there were severe injuries and high medical costs. Negotiating back and forth should eventually result in a fair and reasonable amount.

An experienced attorney will effectively argue the merits of your claim including presenting evidence supporting your losses. This may include photos of the car damage as well as a police report and witness testimony. We can determine the various elements of your claim like loss of income, pain and suffering and police report.

If at this point the insurance company is still refusing to offer a reasonable amount, we may choose to file a lawsuit in court. A trial typically lasts one or two days and is supervised by an individual judge (called a bench trial) or by a jury. If your case is settled before this stage, it can take several months. Alternatively, your attorney may be eligible to file an application for summary judgment. This involves arguing that all evidence is in your favor and arguing that it is impossible for the opposition to prevail.

Filing a Lawsuit

In the majority of cases involving car accidents the parties can resolve their disagreement outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the person at fault. However, if there is no agreement our lawyers will start a lawsuit against the defendant. The Complaint will include your claims and allegations about how the accident occurred and why you deserve compensation. The defendant will be served with the Complaint and given a particular amount of time to respond.

During the discovery phase, our attorneys will discuss documents and other material with the defendant, while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of events, focusing on how they believe the crash occurred and the injuries you have suffered. We will also look for experts to back our claims.

During the discovery process your lawyer may submit legal documents, also known as motions to the court for a judge to rule on. This may include requests for auto accident attorney the court to exclude certain evidence or to schedule an appointment for trial. It could take a year or more to complete the discovery process and determine an appointment date for your case. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.