Three Common Reasons Your Auto Accident Claim Isn't Working (And How T…

The Intake Process for Car Accident Litigation

A lawyer who is specialized in the area of car accident litigation will assist you in determining how strong your case is and also how the settlement you receive could be worth. However, this is only possible when you have all the information needed.

Discovery is the very first step of a car accident case. During this stage, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

A large portion of the work that goes into a car accident case is obtaining documentation. This can include evidence like medical records, photos, or witness statements. The more evidence you have the more convincing your case.

The first piece of documentation you should have is a police report. Typically the police officer who arrives at the scene of the accident will draft an investigation report. This will provide crucial information on what happened and who was responsible for the incident.

Your lawyer can also make use of an official report from law enforcement to pursue additional evidence if necessary. If the incident occurred at a place of business, for example employees may have recorded video footage. If this is the case, a copy of the tape should be requested from the business as soon as it is possible.

You should also record any expenses you incurred as a result of the accident. This can include medical bills and records for your treatment, auto accident lawsuit receipts for medications rental car charges as well as in-home care or assistance, transportation costs, and much more. In addition, you should note any income loss due to your accident. This can include old pay slips and tax returns.

You should also try to find the names of witnesses. These witnesses can be important sources of information in your case, especially if they are able to testify at trial. However, it is important to keep in mind that witnesses can alter their story over time and forget details of the accident.

Intake and Investigation

The process of intake is vital to receiving fair compensation for your injuries from an accident, whether you have filed a claim with an insurance company or are suing the responsible party. Your attorney will begin by looking over your medical records and then obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

This information will enable them to comprehend the extent of injuries you have suffered, both in terms actual and projected costs for your physical or emotional suffering. Then, they'll review your current and future financial losses to determine the worth of your case. The damages could include not only current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and reviewing all available evidence. They will also obtain the at-fault driver's driving and cell phone records to see how they were using their vehicle at the time of the collision. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was working while working, as this could impact the ability of them to pay damages.

In addition to this, your attorney will likely inquire about the defendant's previous criminal and traffic-related offenses during the discovery process. These details are generally not admissible but could be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After you have obtained the medical records after which your lawyer can start settlement negotiations. Initially the insurance company will offer an offer that's usually much lower than what you request in the letter. This is an opportunity to determine the strength of your argument. In the counteroffer, you must be crucial to emphasize the most important arguments in your favor, for instance, that the insured was at fault and that you suffered severe injuries with significant medical expenses. Negotiating back and forth will eventually lead to an appropriate and fair amount.

A skilled accident lawyer can successfully argue your claim's merits, including presenting evidence to prove your losses. This could include photos of the car damage as well as a police report and witness testimony. We also know how to calculate the value of different elements of your claim, such as lost income and Auto Accident Lawsuit pain and suffering.

If, at this point, the insurance company refuses to offer a reasonable amount, we can choose to file a lawsuit in court. A trial usually lasts for one or two days and is either heard by a judge (called a bench trial) or jurors. If your case settles prior to reaching this stage it could take months. Your attorney may also be able file a summary judgment motion. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for Auto accident the other side to win.

Filing a Lawsuit

In the majority of car accident cases parties can settle their disputes outside of court. Our team will assist you in negotiating an agreement with the insurance company, or directly with the party at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will contain your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant is served with the Complaint, and given a specified amount of time to respond.

The discovery stage is when our attorneys and the defendant will begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will pose questions to the lawyer of the defendant regarding their interpretation of the events, including what damages you've suffered and what they believe happened. occurred. We will also seek expert opinions to support our position.

During the process of discovery, your lawyer could make legal motions to the court for a judge's ruling on. This could mean asking the court to exclude evidence or set a trial date. It can take as long as a year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident attorneys accident lawsuit (go!!) accident attorney as early as possible during the process.