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The Intake Process for Car Accident Litigation
A lawyer with experience in defending car accident cases will be able to assist you determine the strength of your case and the amount of settlement you could receive. This is only possible if all the information you require is available.
The first step in a car accident lawsuit is known as discovery. During this phase attorneys and their teams exchange documents and discuss their respective cases under an oath.
Documentation
Documentation is an integral element of an accident. This could include evidence such as photographs, medical records, or witness statements. The more documentation that you have the better your case will be.
The first piece of evidence that you must have is a law enforcement report. The police officer who arrives at the scene of the accident will usually prepare a report. This report will provide important information about the accident and who was responsible for it.
If necessary your attorney has to use the police report to gather additional evidence. If the incident occurred at an office, for example an employee could have recorded video footage. If this is the case a copy of the tape must be requested from the business as quickly as possible.
Keep track of any expenses you incur because of the accident. Record any costs you incur due to. auto accident lawyer alabama could include medical bills and records for your treatment, receipts for medication rental car charges and in-home assistance or care, transportation costs, and many more. Also, you should document any income you lose due to your injury. You can utilize old tax returns and pay stubs.
If you can, collect the names of any witnesses to the incident as well. These witnesses can be important sources of information in your case, especially when they can be present at trial. However, it's important to remember that witnesses may alter their accounts over time, and could forget specific details about the incident.
Intake and Investigation
If you've filed an insurance claim with an company or are preparing an action against the at-fault driver, the intake process is essential to receive the full and fair amount of compensation for your crash injuries. Your lawyer will begin by looking over your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also go to and document the accident scene.
This information will allow them to understand the extent of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. They will also review your existing and expected 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 and property damage.
Your lawyer will also conduct an investigation and interview witnesses and analyzing all the available evidence. They will also gather data from the cell phone and driving records of the drivers at fault to determine if they were using their vehicle during the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was working while on the job, since this could impact their ability to pay your damages.
As part of the process of discovery the lawyer will inquire about the defendant's criminal and traffic record of offenses. These details are generally not admissible, but they could be used to undermine the defendant's credibility during cross-examination.
Negotiating a Settlement
After you have obtained the medical records then your lawyer will begin negotiations on settlement. In the beginning the insurance company will offer an offer that is often substantially lower than the amount you have requested in the letter. This is a method to assess the strength of your argument. In your counteroffer, it's essential to highlight the most compelling arguments you have in your favor. For instance, you can say the insurer was at fault and there were serious injuries and significant medical expenses. Negotiating back and forth should eventually lead to an acceptable and reasonable amount.
An experienced accident lawyer can effectively argue the benefits of your claim, by presenting evidence to prove your losses. This could include photographs of the car's damage or a police report, as well as witness testimony. We know how to calculate the various components of your claim such as loss of income or pain and suffering, as well as police report.
If the insurance company refuses to pay an appropriate amount at this point, we can start a lawsuit. A trial typically lasts between one and two days and is conducted by an attorney or a jury. If your case is settled before reaching this phase, the process can take months. Your lawyer may also be able to file a summary motion to enter judgment. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for the other side to win.
Filing a Lawsuit
In the majority of car accident instances, parties can resolve their disagreement without going to court. Our team will assist you in negotiating an agreement with the insurance company, or directly with the person at fault. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a particular period of time to respond.
During the discovery phase, our lawyers will exchange documents and other evidence with the defendant and ask questions via interrogatories as well as depositions. Our team will inquire to the lawyer of the defendant regarding their version of the events, including what injuries you've suffered and the way they believe it took place. We will also seek expert opinions to support our position.
During the discovery process, your lawyer could make legal motions to the court for a judge's ruling on. This may include requesting the court to omit evidence or set a trial date. It can take a whole year or more to complete the discovery process and set a trial date for your case. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.