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The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can help you determine the strength of your case is, and how the settlement may be worth. This is only possible if all the information you require is available.

Discovery is the initial step of an auto accident case. In this phase, attorneys and their teams will discuss documents and answer questions under the oath.

Documentation

A large portion of the work that goes into a car accident case is collecting documentation. This could include evidence such photographs, medical records or witness statements. The more evidence you have to support your claim the more convincing your claim will be.

The first piece of evidence you should have is a law enforcement report. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will provide important details about the incident and who was responsible.

If necessary your attorney has to use an investigation report to collect additional evidence. For example, if the incident took place in a commercial or office, an employee working at the location may have recorded footage of the incident. If this is the situation, the tape must be requested from the business as soon as it is possible.

You should also record the costs you have incurred due to the accident. This could include medical bills and records for your treatment, receipts for medication rental car charges, in-home care or assistance transport costs, and more. In addition, you should document any lost income as a result of your accident. You can use tax returns and pay stubs.

If you can, get the names of any witnesses to the accident as well. They could be valuable sources of information for your case, particularly if they are able to give evidence at trial. It is important to remember that witnesses can alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

The process of intake is crucial to getting an adequate amount of compensation for your injuries from an accident, whether you have made an insurance claim or are suing the at-fault party. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports and other evidence. They will also visit the site of the crash to document and observe what they can.

This information will help them understand the extent of your injuries, both in terms of future and projected costs for your physical and emotional suffering. They will then look over your financial losses to estimate the total value of your case. The damages could not be limited to only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing the available evidence. They will also obtain the driver who was at fault and their driving cell phone records to see how they used their vehicle at the time of the accident. This is especially important in the event that there was a collision with an Uber or Lyft vehicle, or any other evidence that suggests the driver was working around the clock.

In addition, your attorney will likely ask questions about the defendant's criminal and traffic offence history in the discovery process. These information is generally not admissible but could be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

Once you have the medical records, you are able to begin settlement negotiations. In the beginning, the insurance company may make an offer that is usually substantially lower than the amount you request in the letter. This is a strategy to determine how strong your case. In the counteroffer it is important to emphasize the strongest arguments for your side - for example, that the insured was completely at blame and that you were afflicted with serious injuries that resulted in high medical expenses. Negotiating back and forth will eventually lead to an acceptable and reasonable amount.

An experienced accident lawyer will effectively argue the benefits of your claim, including presenting evidence to support your losses. This could include photographs of the damage to your car as well as a police report and witness testimony. We are able to calculate various elements of your claim, including lost income as well as pain and suffering, and police reports.

If at this point the insurance company continues to refuse to offer a fair amount, we can choose to bring a lawsuit to court. A trial typically lasts between one and two days, and is judged by jurors or a judge. If your case settles before reaching this stage it could take months. Or, your lawyer may be in a position to file a motion for summary judge. This involves arguing that all evidence is in your favour, and arguing that it's impossible to allow the opposing side to win.





Filing auto accident attorneys antioch

In a majority of car accident cases, the parties can settle their dispute out of court. Our team will work to help you negotiate an agreement with the insurance company of the other driver company, or directly with the at-fault party. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your assertions and allegations regarding how the crash occurred and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a particular period of time to respond.

During the discovery phase, our lawyers will share documents and other evidence with the defendant, while asking questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as what they believe happened during the crash, as well as how they think it happened and what injuries you have suffered. We will also seek out expert opinions that will support our stance.

During the discovery phase, your lawyer could submit legal documents, also known as motions in court for the decision of an individual judge. This can include requests for the court to block certain evidence, or to set the date for a trial. It can take as long as a year for the discovery process to be completed and a trial date established. It's crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point during the process.