The Intake Process for Car Accident Litigation
A lawyer with expertise in car accident litigation can assist you in determining how strong your case is and also how much your settlement could be worth. But it is only possible if you have all the necessary information.
Discovery is the first stage 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 large aspect of the investigation in an auto accident. This can include evidence like photographs, medical records or witness statements. Generally speaking, the more evidence you have to back your claim the stronger your case will be.
A police report is the first document you need. The police officer who arrives at the scene of the accident will typically prepare a report. This report will provide important information regarding the accident as well as who was responsible.
Your lawyer may also utilize the report of a law enforcement officer to gather additional evidence if required. If the incident occurred at the business environment for instance an employee might have recorded video footage. If auto accident law firm clarksville is the case the tape should be requested from the business as soon as possible.
You should also keep track of the expenses you incur as a result of the accident. This could include medical expenses or records of treatment, receipts from medications rental car costs and in-home care or assistance, transportation costs and more. Additionally, you must note any income loss due to your injury. You can use your old tax returns and pay stubs.
It is also advisable to find the names of witnesses. These witnesses can 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 may change their stories and forget details regarding the accident as time passes.
Intake and Investigation
The intake process is critical to obtaining fair compensation for your injuries sustained in an accident, whether you have made an insurance claim or are suing the party at fault. Your lawyer will begin by reviewing your medical treatment records, obtaining copies of accident reports, and other evidence. They will also go to and document the scene of the accident.
This information will assist them determine the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then review your financial losses to determine the value of your case. Your damages may include not just future and present medical expenses, but also your lost income and property damage.
Your lawyer will also investigate the incident, including questioning witnesses and analyzing any available evidence. They will also gather the driving and cell phone records of the at-fault drivers to determine how they used their vehicle at the time. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle or any other evidence that suggests the driver worked while on the clock.
In addition to this the lawyer may ask questions about the defendant's past criminal and traffic offense history during the discovery process. In general, these information are not admissible in court, however they can be useful to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
Once you have received the medical records, you are able to start settlement negotiations. Initially the insurance company will make an offer that is often much lower than what you have requested in the letter. This is a way to assess the strength of your case. In the counteroffer, it's crucial to emphasize the most important arguments you have in your favor - for example, that the insured was at blame and that you were afflicted with severe injuries with significant medical expenses. The process of negotiating back and forth should eventually result in an appropriate and fair amount.
A skilled accident attorney can successfully argue the merits of your case, including presenting evidence supporting your losses. This could include photos of the damage to your car or a police report, as well as witness testimony. We also know how to calculate the value of each element of your claim, including loss of income, pain and suffering.
If the insurance company is unwilling to pay an acceptable amount at this point, we could file a lawsuit. A trial usually lasts for about two or three days and can be heard by a judge (called a bench trial) or jurors. If your case settles before this stage it can take a few months. Or, your lawyer may be eligible to file a motion for summary judge. This involves arguing that all evidence is in your favour, and arguing that it's impossible for the opposing side to win.
Filing an action
In a majority of car accident cases, 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 party at fault. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint will include your assertions and allegations regarding the circumstances of the crash and the reason you should be compensated. The defendant will be served with the Complaint and given a specified period of time to respond.
During the discovery phase, our lawyers will share documents and other materials with the defendant and ask questions via interrogatories or depositions. Our team will inquire to the lawyer for the defendant about their view of the events, including what injuries you have suffered and the way they believe it occurred. We will also seek out experts to back our position.
During the discovery phase, your lawyer may file legal documents known as motions with the court for the decision of a judge. This can include requests for the court to block certain evidence or to schedule the date for a trial. It can take a year or more to complete the discovery process and establish the trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point during the process.