The Intake Process for Car Accident Litigation
A lawyer that specializes in the area of car accident litigation will assist you in determining how strong your case is and also how the settlement might be worth. However this is only possible if you have all the relevant information.
Discovery is the very first step of an franklin auto accident attorney accident case. In this phase, attorneys and their teams will exchange documents and discuss questions under an oath.
Documentation
A significant portion of the work that goes into a car accident investigation is gathering evidence. This can include evidence like photographs, medical records or witness statements. Generally, the more documentation you can provide to support your claim, the more convincing your argument will be.
The first piece of evidence that you must have is a report from the police. Typically the police officer that arrives at the scene of the accident will prepare a report, and this will give important details about the circumstances of the crash and who was responsible for the incident.
Your attorney may also make use of the law enforcement report to gather additional evidence, if needed. If the incident occurred at a place of business for instance an employee could have recorded video footage. If this is the case, seek a copy from the business.
You should also document the expenses you incur in the aftermath of the accident. This could include medical bills, records of your treatment, receipts from medications rental car costs, in-home assistance or care, transportation costs and more. Additionally, you must record any income loss as a result of your injury. This could include old pay stubs and tax returns.
If you can, collect the names of any witnesses to the accident as well. These witnesses can be valuable sources of information for your case, especially those who are able to be present at trial. It is important to keep in mind that witnesses may alter their narratives and forget specifics regarding the accident as time passes.
Intake and Investigation
If you have made an insurance claim with an 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 the injuries you sustained in a crash. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports and other evidence. They will also visit and document the accident scene.
This information will enable them to understand the extent of the injuries you’ve sustained as well as the actual and projected costs for your emotional or physical suffering. Then, they’ll review your current and future financial losses to determine the worth of your case. The damages could comprise not only your current and future medical expenses, but also lost income and property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also take information about the driving habits and cell phones of the driver at fault in order to see how they used their vehicle during the time. This is especially important in the event that there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver was working on the clock.
In addition to this your attorney may inquire about the defendant’s previous criminal and traffic offence history in the discovery process. Generally, these details are not admissible in court but they can be useful to discredit the credibility of the defendant during cross examination.
Negotiating a Settlement
After you have received your medical records, you can begin settlement negotiations. Initially the insurance company will make an offer that’s usually substantially lower than the amount you requested in your letter. This is a strategy to see how strong your argument is. In your counteroffer, it’s important to highlight the strongest arguments to your advantage. For example, the insurer was at fault and that there were serious injuries as well as high medical costs. In the end, a lot of negotiations back and forth will result in an amount that is reasonable and fair.
A skilled lawyer for accidents can effectively argue your claim’s merits, including presenting evidence to back your losses. This could include photos of vehicle damage, police reports and witness testimony. We also know how to determine the value of different elements of your claim, such as loss of income, suffering and pain.
If the insurance company is unwilling to pay an appropriate amount at this point, we can bring a lawsuit. A trial typically lasts between one and two days, and is heard either by a judge or a jury. If your case is settled prior to this phase, it can take several months. Your attorney may be eligible to file a motion for summary judgement. This means presenting all of the evidence to your advantage and arguing that it’s impossible for the opposing side to prevail.
Filing a Lawsuit
In a majority of cases involving car accidents, the parties can resolve their disputes outside of court. Our team can help you negotiate with the insurance company of the other driver or directly with the party at fault. If there is no agreement Our lawyers will start an action against the defendant. The Complaint will contain your claims and allegations regarding the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular timeframe to respond to it.
During the discovery phase, our attorneys will discuss documents and other material with the defendant and ask questions via interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their version of the events, including what injuries you’ve suffered and how they believe it occurred. We will also seek out expert opinions to support our position.
During the discovery process, your lawyer can submit legal documents, also known as motions to the court to a judge’s decision on. This can include requesting the court to omit evidence or schedule a trial. It can take as long as an entire year for the discovery process to be completed and a trial date to be set. It is essential to speak with an experienced Long Island Lake city Auto accident lawsuit accident attorney as early as you can in the process.
