The Intake Process for Car Accident Litigation
A lawyer that specializes in the field of car accident litigation can assist you in determining how strong your case is and how the settlement may be worth. 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 stage, attorneys and their teams exchange documents and ask questions under oath.
Documentation
A lot of the work involved in a car wreck investigation is gathering evidence. This may include evidence such as photos, medical records, or witness statements. The more documentation that you have the more convincing your case will become.
A law enforcement report is the very first document you need. Typically the police officer who comes to the scene of the crash will prepare reports, and these will provide crucial information on the circumstances of the crash and who was at fault for the incident.
Your lawyer may also utilize the report of a law enforcement officer to seek additional evidence if necessary. If the accident occurred in the business environment for instance an employee could have recorded video footage. If this is the case, a copy of the tape must be requested from the company as soon as it is possible.
Record any expenses you have incurred because of the accident. Document all expenses you have incurred as a result of. This can include medical bills or records of treatment, receipts for medication rental car expenses and in-home care or assistance expenses for transportation, and more. Also, you should document any income lost due to your accident. This can include old pay slips and tax returns.
If you can, collect the names of any witnesses to the incident as well. They could be important sources of information in your case, particularly those who are able to testify at trial. It is important to keep in mind that witnesses are prone to altering their accounts over time, and may forget details of the incident.
Intake and Investigation
If you have made an insurance firm or are beginning a lawsuit against an at-fault driver, the initial intake process is essential to receive the full and fair amount of compensation for the accident injuries. Your lawyer will begin by looking over your medical records and then obtaining copies of accident reports and other evidence. They will also visit the site of the accident to document and observe what they can.
This will help them to comprehend the extent of the injuries you've suffered in relation to cost and projections 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 you incur could include not only your current and future medical costs, but also lost income and property damage.
Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any evidence. They will also collect driving and cell phone records of the driver at fault in order to determine if they were using their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was on the job, as this could negatively impact their ability to pay for your damages.
In addition to this your lawyer will also inquire about the defendant's previous criminal and traffic offense history during the discovery process. In general, these information are not admissible in court, however they can be useful to discredit the credibility of the defendant in cross-examination.
The process of negotiating a settlement
Once you have the medical records, it is possible to begin negotiations for settlement. Initially the insurance company will offer an offer that's usually significantly lower than the amount you requested in your letter. This is a method to test how convincing your case is. In the counteroffer, it is important to emphasize the strongest arguments you have in your favor - for example, the insured was fully at the fault, and that you suffered severe injuries with significant medical expenses. In the end, the back and forth negotiation should get you to an amount that is reasonable and fair.
An experienced attorney can successfully argue the merits of your case, including presenting evidence to support your losses. This could include photographs of the damage to your vehicle as well as a police report and witness testimony. We have the ability to determine the various elements of your claim, such as lost income or pain and suffering, as well as police report.
If, at this point, the insurance company refuses to offer a fair amount, we can decide to file a lawsuit in court. A trial typically lasts between one and two days, and is heard either by either a judge or jury. If your case settles prior to reaching this stage the process could last months. Your attorney may be capable of filing an application for summary judgment. This involves asserting all of the evidence in your favor and arguing that it is impossible for the other side to win.
Filing an action
In the majority of car accident cases, the parties can resolve their disagreement without going to 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 initiate an action against the defendant. The complaint contains your claims and allegations about the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular timeframe to respond.
auto accident lawsuit odessa is where our attorneys and the defendant will begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, focusing on what they believe happened during the crash, as well as how they think it happened and what injuries you've sustained. We will also seek experts to back our assertions.
During the discovery phase, your lawyer can submit legal documents, also known as motions in court to be ruled on by a judge. This could mean asking the judge to exclude evidence or schedule a trial. It can take up a year for the discovery process to be completed and a trial date established. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can during the process.