The Intake Process for Car Accident Litigation
A lawyer that specializes in car accident litigation can help you determine how solid your case is, and how the settlement you receive could be worth. However this is only possible if you have all the necessary information.
The initial step in a lawsuit involving a car accident is known as discovery. During this stage, attorneys and their teams exchange documents and ask each other questions under an oath.
Documentation
A lot of the work involved in a car wreck case is obtaining documentation. This can include evidence such as photos, medical records, or witness statements. Generally speaking, the more evidence you can provide to support your claim, the more convincing your claim will be.
The first piece of documentation that you must have is a law enforcement report. Typically, the police officer who arrives at the scene of the crash will prepare the report, and it will contain important information about what happened and who was responsible for the incident.
Your lawyer may also utilize the law enforcement report to pursue additional evidence, if needed. If the accident occurred in the workplace, for example an employee might have recorded video footage. If that's auto accident lawsuit salinas , the tape must be requested from the business as quickly as possible.
It is also important to document the expenses you incur in the aftermath of the accident. This could include medical bills as well as records of your treatment, receipts from medication rental car costs, in-home assistance or care as well as transportation costs. You should also document any income lost due to your accident. This could include old pay stubs as well as tax returns.
If you can, get the names of witnesses to the incident as well. These people may be able provide valuable details, especially if are able to get them to appear in court. But, it's important to remember that witnesses can change their accounts over time, and they may forget details about the incident.
Intake and Investigation
If you've made an insurance claim with an company or are starting a lawsuit against an at-fault driver, the intake process is crucial to getting the full and fair amount of compensation for the injuries you sustained in a crash. Your lawyer will begin by looking over your medical treatment documents, as well as copies of accident reports, and other evidence. They will also go to and document the scene of the accident.
This will help them determine the extent of your injuries both in terms of future and anticipated costs for your emotional and physical suffering. Then, they will look at your financial losses to determine the value of your case. Damages could include not just your current and future medical costs but also income loss and property damage.
Your lawyer will also conduct an investigation and interview witnesses and reviewing all available evidence. They will also collect data from the cell phone and driving records of the at-fault drivers to determine how they used their vehicle at that time. This is especially important if there was a collision that involved an Uber or Lyft vehicle, or any other indication that the driver was working around the clock.
As part of the discovery process Your lawyer will inquire about the defendant's traffic and criminal offence records. In general, these information are not admissible in court, however they could be helpful to undermine the credibility of a defendant in cross-examination.
Negotiating a Settlement
After you have received your medical records, you're able to begin negotiations for settlement. The insurance company is likely to make an initial offer that is less than what you demanded in your letter. This is a method to see how strong your case. In your counteroffer, it is essential to highlight the most compelling points you have in your favor. For instance, you could argue that the insurer was in the wrong and that there were severe injuries as well as expensive medical expenses. In the end, a lot of back and forth bargaining will result in an amount that is both reasonable and fair.
A skilled accident lawyer can successfully argue your claim's merits, including presenting evidence to prove your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to calculate the value of various components of your claim, like lost income and suffering and pain.
If the insurance company refuses to pay an amount that is reasonable at this point, we could make a claim. A trial typically lasts between one and two days and is ruled on by a judge or a jury. If your case is settled before this point it can take a few months. Your attorney may also be able to file a summary motion for judgment. This involves asserting that all evidence is in your favor, and arguing that it's impossible to allow the opposition to win.
Filing a Lawsuit
In the majority of car crash cases, the parties can resolve their disagreement outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the driver responsible for the accident. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The complaint contains your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a particular time frame to respond to it.
During the discovery phase, our attorneys will discuss documents and other evidence with the defendant, while asking questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions about their view of the events, including how they believe the crash happened and what injuries you've sustained. We will also seek experts to back our assertions.
During the discovery stage, your lawyer will make legal documents known as motions in court to be decided by a judge. This can include requests for the court to block certain evidence or to schedule an appointment for trial. It can take up an entire year for the discovery process to be completed and a trial date scheduled. This is the reason it's essential to partner with an experienced Long Island car accident attorney early on in the process.