The Worst Advice We've Heard About Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer with experience in litigation involving car accidents will be able to assist you determine the worth of your case and the amount of settlement you could get. However this is only possible with all the information needed.
Discovery is the very first step of a car accident case. In this phase, attorneys and their teams discuss documents and answer questions under oath.
Documentation
The majority of the work that goes into a car accident case is collecting evidence. This could include evidence such as photographs, medical records or witness statements. The more evidence you have to support your claim, the more convincing your argument will be.
The first piece of documentation you should have is a law enforcement report. Typically the police officer that comes to the scene of the accident will draft the report, and it will provide important information about how the accident occurred and who was responsible for the incident.
If required your lawyer has the option of using the police report to gather additional evidence. If the accident occurred in the workplace for instance an employee might have recorded video footage. If this is the case the tape should be requested from the business as soon as possible.
It is also important to document the expenses you incur due to the accident. This can include medical bills and records for your treatment, receipts for medicines rental car costs and in-home assistance or care as well as transportation costs and much more. Additionally, you must keep track of any income loss because of your injury. You can utilize old tax returns and pay stubs.
If you are able, obtain the names of witnesses to the incident as well. They might be able to provide valuable information, especially if are able to get them to appear in court. However, it's important to remember that witnesses are prone to altering their story over time and may forget details of the accident.
Intake and Investigation
If you have made an insurance firm or are beginning an action against the at-fault driver, the process of intake is crucial to getting the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will start by reviewing your medical treatment records, and obtaining copies of accident reports and other available evidence. They will also go to and document the scene of the accident.
This information will assist them comprehend the severity of your injuries in relation to future and anticipated costs for your physical and emotional suffering. They will then analyze your financial losses to estimate the value of your case. The damages could include not only your current and future medical expenses, but also lost income and property damage.
Your lawyer will also investigate the incident, including questioning witnesses and analyzing all available evidence. They will also collect information about the driving habits and cell phones of the driver at fault in order to determine how they used their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was on the job, since this could impact the ability of them to pay damages.
As auto accident lawsuit norman of the process of discovery as part of the discovery process, your lawyer will ask about the defendant's traffic and criminal conviction records. In general, these information are not admissible in court but they can be useful to discredit the credibility of the defendant during cross-examination.
The process of negotiating a settlement
Once you have the medical records, you're able to start settlement negotiations. The insurance company will often 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 argument. In the counteroffer, it's important to highlight the strongest arguments in your favor, for instance, that the insured was entirely at fault and that you suffered serious injuries that resulted in high medical costs. The process of negotiating back and forth should eventually lead to an acceptable and reasonable amount.
A skilled attorney for accidents will effectively argue the merits of your claim, by presenting evidence to prove your losses. This may include photos of your car damage, police reports or witness testimony. We can calculate various elements of your claim like loss of income as well as pain and suffering, and police reports.
If at this point the insurance company continues to refuse to provide a reasonable amount, we may choose to bring a lawsuit to court. A trial usually lasts about two or three days and is usually ruled by a judge (called a bench trial) or by a jury. If your case settles prior to this stage it can take a few months. In addition, your attorney might be in a position to file an application for summary judgment. This involves asserting that all evidence is in your favour, and arguing it's impossible for the other side to win.
Filing a Lawsuit
In the majority of car accident instances, parties can resolve their disagreement without the need for court. Our team will help you negotiate with the insurance company of the other driver or directly with the person at fault. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint contains your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a certain time frame to respond.
The discovery stage is when our lawyers and the defendant begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of events, including what they believe happened during the crash, as well as how they think it took place and what injuries you have suffered. We will also look for experts to back our assertions.
During the process of discovery, your lawyer could submit legal documents known as motions to the court for a judge to rule on. This may include requesting the court to block evidence or schedule a trial. It can take up to one year for the investigation process to be completed and a trial date established. It is crucial to talk with an experienced Long Island auto accident attorney as early as you can in the process.