The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can help you determine how strong your case is as well as how much your settlement could be worth. This is only possible if all the information you need is available.

Discovery is the initial step of a car accident case. During this phase attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

Documentation is a major part of the work in an gun barrel city Auto accident lawyer accident. This could include evidence such as medical records, photos, or witness statements. The more documentation that you have, the better your case will be.

A police report is the first piece of paper you should have. The police officer who arrives at the scene of the accident will usually write a report. It will give valuable details about the accident and the person responsible for it.

If necessary your attorney has to use a police report to gather additional evidence. If the incident occurred in the business environment for instance, an employee may have recorded video footage. If this is the case, you must ask for a copy of the footage from the business.

Note any costs you have incurred as a result of the accident. Document all expenses you have incurred as a result of. This can include medical bills as well as records of your treatment, medication receipts rental car expenses as well as in-home assistance or escalon auto accident Law firm care expenses for transportation, and more. It is important to record any income loss due to your accident. You can use old tax returns and pay stubs.

You should also try to get the names of witnesses. These people may be able to give valuable information, especially if are able to get them to give evidence in court. It is important to remember that witnesses can change their stories over time and they may forget details about the accident.

Intake and Investigation

The intake process is critical to getting an adequate amount of compensation for your accident injuries, whether you have filed an insurance claim or you are suing the person at fault. Your attorney will begin by reviewing your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit and document the scene of the accident.

This information will help them know the extent of your injuries, both in terms of future and projected costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to determine the worth of your case. Damages could include not just your current and future medical costs but also lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing any evidence. They will also gather the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the crash. This is particularly important when there was a collision that involved an Uber or Lyft vehicle, or any other indication that the driver was working around the clock.

Additionally, your attorney will likely inquire about the defendant's past criminal and traffic convictions in the discovery process. These details are generally not admissible in court, but they could be helpful to impeach the defendant's credibility during cross-examination.

Negotiating a Settlement

Once you have received the medical records, you can begin settlement negotiations. The insurance company is likely to make an initial offer that is much less than the amount you demanded in your letter. This is a strategy to see how strong your case. In your counteroffer, it's important to highlight the strongest points that you have in your favor. For instance, if you claim that the insurer was in the wrong and that there were serious injuries as well as significant medical expenses. Negotiating back and forth will eventually result in an appropriate and fair amount.

A skilled accident lawyer can effectively argue your claim's merits including presenting proof to support your losses. This could include photos of vehicle damage, police reports, and witness testimony. We have the ability to calculate various elements of your claim, such as loss of income as well as pain and suffering, and police report.

If the insurance company is unwilling to pay a reasonable amount at the moment, we can file a lawsuit. A trial usually lasts for up to two days and can be heard by a judge (called a bench trial) or by a jury. If your case settles before this point, it can take several months. Your lawyer may also be able file a summary judgment motion. This is where you present all the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.

Filing a Lawsuit

In a majority of cases involving car accidents, the parties are able to settle their disputes outside of court. Our team will work to help you negotiate an agreement with the insurance company or directly with the person at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The complaint contains your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint, and given a set period of time to reply.

During the discovery phase, our lawyers will exchange documents and other information with the defendant, while asking questions via interrogatories or escalon auto accident attorney depositions. Our team will pose questions to the lawyer of the defendant regarding their perspective on the events, focusing on what injuries you've sustained and how they believe it occurred. We will also search for experts to back our assertions.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court for a judge to rule on. This can include requests for the court to omit certain evidence or to set the date for a trial. It can take a year or more to complete the discovery process and set a trial date for your case. It's crucial to consult with an experienced Long Island spring valley auto accident attorney accident attorney as early as possible during the process.