The Intake Process for Car Accident Litigation
A lawyer who has experience in car accident litigation will be able to help you determine the strengths of your case as well as what settlement amount you might get. This is only possible when all the information you need is available.
The first step in a lawsuit involving a car accident is called discovery. During this phase attorneys and their teams will communicate with each other and ask questions under the oath.
Documentation
Documentation is an integral element of an accident. This could include evidence such medical records, photos or witness statements. The more evidence you have, the more convincing your case will become.
A law enforcement report is the primary document you should have. Typically the police officer who comes to the scene of the accident will draft the report, and it will contain important information about what happened and who was responsible for the incident.
Your attorney can also use a law enforcement report to obtain additional evidence if necessary. If the incident occurred in the workplace, for example, an employee may have recorded video footage. If this is the case, request a copy from the company.
You should also record any expenses you incurred as a result of the accident. These could include medical bills and records of your treatment, medication receipts rental car costs and in-home care or assistance expenses for transportation, and more. In addition, you should document any lost income as a result of your injury. This can include old pay stubs as well as tax returns.
If you are able to, request the names of any witnesses to the incident as well. These witnesses can be valuable sources of information for your case, particularly when they can give evidence at trial. It’s important to remember that witnesses could alter their narratives and forget specifics regarding the accident as time passes.
Intake and Investigation
If you have filed a claim with an insurance company or have started a lawsuit against an at-fault driver, the process of obtaining an intake is essential to receive the full and fair amount of compensation for the accident injuries. Your attorney will start by reviewing your medical treatment records, obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.
This information will assist them determine the extent of your injuries both in terms of future and anticipated costs for your emotional and physical suffering. They will also review your existing and expected financial losses to estimate the total value of your case. Your damages may include not only future and ongoing medical expenses, but also your loss of income as well as property damage.
Your lawyer will also conduct an investigation and interview witnesses and analyzing all available evidence. They will also obtain the driving and cell phone records of the drivers at fault to determine how they operated their vehicle at that time. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, since this could affect their ability to pay for your damages.
As part of the process of discovery the lawyer will inquire about the defendant’s traffic and criminal offense records. In general, these information are not admissible in court, but they can be useful to impeach the defendant’s credibility during cross-examination.
The process of negotiating a settlement
Once you have the medical records, your lawyer can begin negotiations to settle the matter. The insurance company is likely to make an initial offer that is much less than the amount you requested in your letter. This is a method to test how convincing your case is. When you counteroffer, it’s important to highlight the strongest arguments in your favor. For example, that the insurer was at fault and that there were serious injuries as well as high medical costs. Negotiating back and forth should eventually lead to an appropriate and fair amount.
An experienced accident lawyer can effectively argue your claim’s merits, by presenting evidence to justify your losses. This may include photos of the damage to your car as well as a police report and witness testimony. We have the ability to calculate various elements of your claim, including lost income along with pain and suffering as well as a police reports.
If the insurance company refuses to pay a reasonable amount at this point, we can make a claim. A trial typically lasts between one and two days. It is either heard by an individual judge (called a bench trial) or a jury. If your case is settled before reaching this stage, the process can take months. Alternatively, your attorney may be capable of filing an application for summary judgment. This means claiming that all evidence is in your favor and arguing it’s impossible for the opposing side to prevail.
Filing an action
In the majority of car accident cases, the parties are able to resolve their disagreement without going to court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. However, if an agreement cannot be reached our lawyers will initiate an action against the defendant. The Complaint will outline your claims and allegations about how the accident occurred and why you deserve compensation. The defendant is served the Complaint and given a specific period of time to reply.
The discovery phase is where our attorneys and the defendant begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their version of the events, such as what injuries you’ve suffered and what they believe happened. occurred. We will also solicit expert opinions that support our position.
During the discovery phase, your lawyer may make legal documents known as motions with the court for a decision by an individual judge. This can include requests for the court to omit certain evidence or to set the date for a trial. It can take up an entire year for the discovery process to be completed and a trial date set. It is imperative to speak with an experienced Long Island murray nicholasville auto accident lawsuit accident attorney – vimeo.com – accident attorney at the earliest possible point during the process.
