The Intake Process for Car Accident Litigation
A lawyer who is specialized in the area of car accident litigation will help you determine how solid your case is and how the settlement may be worth. But this is only possible if you have all the relevant information.
The initial step in a car accident lawsuit is known as discovery. In this phase, attorneys and their teams exchange documents and discuss questions under an oath.
Documentation
Documentation is an integral component of a car accident. This could include evidence like photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case.
A law enforcement report is the primary document you should have. Typically the police officer that arrives at the scene of the accident will write reports, and these will provide important information about the circumstances of the crash and who was responsible for the incident.
Your attorney can also use a law enforcement report to seek additional evidence if necessary. For instance, if an incident occurred at a company the employee who worked at that location may have recorded footage of the incident. If this is the case, request a copy from the business.
Keep track of any expenses you incur because of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records for your treatment, receipts for medications rental car expenses as well as in-home care or assistance transport costs, and more. You should also document any income loss due to your injury. This could include old pay stubs, as well as tax returns.
You should also try to find the names of witnesses. These people may be able to provide valuable information, especially if you can get them to appear in court. However, it is important to remember that witnesses can change their testimony over time and could forget specific details about the incident.
Intake and Investigation
If you have made an insurance firm or are beginning legal action against a negligent driver, the initial intake process is essential to obtaining full and fair compensation for your injuries from a crash. Your lawyer will begin by reviewing your medical treatment documents, as well as copies of accident reports, and other evidence. They will also go to and document the accident scene.
This information will allow them to determine the severity of the injuries you've sustained as well as the actual and projected costs for your physical or emotional suffering. They will then analyze your existing and expected financial losses to determine the value of your case. The damages could not be limited to just future and present medical expenses, but also loss of income as well as property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing all the available evidence. They will also obtain driving and cell phone records of the driver at fault in order to see how they used their vehicle at the time. This is particularly important if there was a collision that involved an Uber or Lyft car, or any other evidence that suggests the driver was on the clock.
Additionally, your attorney will likely ask questions regarding the defendant's prior criminal and traffic offence history as part of the discovery process. Generally, these details are not admissible in court, but they could be helpful to impeach the defendant's credibility during cross examination.
The process of negotiating a settlement
Once you have received the medical records, you're able to begin settlement negotiation. The insurance company may make an initial offer that is lower than the amount you requested in your letter. This is a method to assess the strength of your case. In your counteroffer it is crucial to highlight the most powerful points you have in your favor. For instance, you could argue that the insurance company was responsible and that there were severe injuries as well as significant medical expenses. Negotiating back and forth should eventually lead to an acceptable and reasonable amount.
A skilled accident lawyer can effectively argue your claim's merits, by presenting evidence to justify your losses. auto accident law firm stamford may include photos of your car damages, police reports and witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, pain and suffering.
If, at this point, the insurance company still refuses to offer a reasonable amount, we have the option to bring a lawsuit to court. A trial typically lasts about two or three days and is supervised by a judge (called a bench trial) or jurors. If your case is settled prior to reaching this stage, the process can take months. Alternatively, your attorney may be eligible to file a motion for summary judge. This means presenting all of the evidence to your advantage and arguing that it's impossible for the other side to prevail.
Filing an action
In the majority of car accident cases parties can resolve their disagreement outside of court. Our team will help you negotiate a settlement with the insurance company of the other driver company or directly with the person at fault. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint will list your claims and details about the circumstances of the crash and why you deserve compensation. The defendant will be served the Complaint and given a specific amount of time to respond to it.
During the discovery phase, our attorneys will share documents and other materials with the defendant while asking questions via interrogatories as well as depositions. Our team will ask questions to the lawyer of the defendant regarding their view of the events, including the injuries you have suffered and the way they believe it happened. We will also seek out expert opinions that enforce our position.
During the discovery process, your lawyer could file legal documents called motions to the court for a judge's ruling on. This could include requests for the court's decision to exclude certain evidence or set a trial date. It can take up a year for the discovery process to be completed and a trial date scheduled. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible in the process.