The Intake Process for Car Accident Litigation
A lawyer with expertise in litigation involving car accidents can assist you in determining how strong your case is and also how the settlement may be worth. However it is only possible with all the relevant information.
The initial step in a car accident lawsuit is known as discovery. During this stage attorneys and their teams exchange documents and ask each other questions under oath.
Documentation
A significant portion of the work involved in a car crash case is collecting documentation. This can include evidence like photographs, medical records, or witness statements. Generally, the more documentation you can provide to support your claim, the stronger your argument will be.
A law enforcement report is the primary document you need. The police officer who arrives at the scene will usually write a report. It will give valuable information regarding the accident as well as who was responsible.
If needed your attorney has to use an investigation report to collect additional evidence. If the accident occurred in the business environment for instance, an employee may have recorded video footage. If this is the case, request a copy of the video from the business.
You should also keep track of any expenses you incurred due to the accident. These could include medical bills and records of your treatment, receipts from medication rental car expenses, in-home assistance or care, transportation costs and more. In addition, you should record any income loss due to your accident. You can use old tax returns and pay stubs.
If you are able, obtain the names of witnesses to the incident as well. They may be able to give valuable information, particularly if you are able to get them to appear in court. However, it is important to remember that witnesses can change their stories over time and they may forget details about the accident.
Intake and Investigation
If you have filed an insurance company or are starting an action against the at-fault driver, the process of obtaining an intake is crucial to getting an adequate and fair settlement for your injuries from a crash. Your attorney will start by reviewing your medical treatment documents, and then obtaining copies accident reports and other available evidence. They will also visit and document the accident scene.
This will help them understand the extent of your injuries as well as the future and projected costs for your emotional and physical suffering. Then, they will look at your current and future financial losses to determine the worth of your case. The damages could not be limited to just future and present medical expenses, but also your loss of income as well as property damage.
Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and reviewing any available evidence. They will also take the driver at fault's driving and phone records to determine the way they used their vehicle at the time of the crash. This is especially important in the event that there was a collision that involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working around the clock.
In addition, your attorney will likely inquire about the defendant's previous criminal and traffic-related offenses as part of the discovery process. These facts are usually not admissible but could be used to undermine the defendant's credibility in cross-examination.
The process of negotiating a settlement
After you have received your medical records, you are able to begin negotiations for settlement. The insurance company will often make an initial offer that is much smaller than the amount that you requested in your letter. This is a way to test the strength of your case. In your counteroffer, it's crucial to highlight the most powerful arguments you have to your advantage. For instance, you can say that the insurer was at fault and there were severe injuries and significant medical expenses. Negotiating back and forth should eventually lead to an acceptable and reasonable amount.
A skilled attorney for accidents can effectively argue for the merits of your case, including presenting evidence supporting your losses. This could include photos of the damage to your vehicle as well as a police report and witness testimony. We have the ability to calculate various elements of your claim such as lost income or pain and suffering, as well as police reports.
If the insurance company is unwilling to pay an amount that is reasonable at this point, we could bring a lawsuit. A trial usually lasts between one and two days, and is heard either by a judge or a jury. If your case is settled before this point it can take a few months. Your attorney may also be able to file a summary motion to dismiss. This involves asserting that all evidence is in your favor and arguing it's impossible for the opposition to win.
Filing an action
In a majority of car accident cases parties can resolve their disagreement outside of court. Our team will work to help you negotiate a settlement with the insurance company of the other driver company or directly with the person at fault. If an agreement cannot be reached Our lawyers will initiate a lawsuit against the defendant. The Complaint will detail your assertions and allegations regarding how the crash occurred and why you are entitled to compensation. The defendant is served the Complaint and given a set period of time to reply.
During the discovery phase, our lawyers will share documents and other information with the defendant and ask questions via interrogatories and depositions. Our team will ask questions to the lawyer representing the defendant about their perspective on the events, including what injuries you have suffered and the way they believe it occurred. We will also search for experts to back our assertions.
During the discovery phase, your lawyer could file legal documents known as motions in court to be ruled on by a judge. This can include requesting the court to exclude evidence or set a trial date. It could take a full year or more to complete the discovery process and determine a trial date for your case. auto accident law firm macon is why it's crucial to work with an experienced Long Island car accident attorney early in the process.