5 Laws That Will Help The Auto Accident Claim Industry

The Intake Process for Car Accident Litigation

A lawyer who is experienced in the field of car accident litigation will be able to assist you determine the worth of your case and the amount of settlement you could get. But this is only feasible with all the relevant information.

Discovery is the very first step of an auto accident law firm accident case. During this stage, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

A lot of the work involved in a car crash case is collecting documentation. This may include evidence like medical records, photos, or witness statements. The more documentation that you have, the more convincing your case will become.

A police report is the first piece of paper you need. The police officer who arrives at the scene will usually write a report. This report will provide important information regarding the accident as well as who was responsible.

If needed, your attorney can use the police report to gather additional evidence. For instance, if an accident happened in a business the employee who worked at that location may have recorded video footage of the incident. If this is the situation, the tape should be requested from the business as soon as is possible.

Document any expenses you incurred because of the accident. Record any costs you incur due to. This can include medical bills, auto accident attorney records of your treatment, receipts for medication rental car costs for in-home assistance, care at home expenses for transportation, and more. You should also document the loss of income due to your accident. You can use tax returns and pay stubs.

You should also try to get the names of witnesses. These people can serve as important sources of information in your case, especially when they can give evidence at trial. It's important to remember that witnesses can alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

The process of intake is vital to obtaining fair compensation for your injuries sustained in an accident, whether you have submitted an insurance claim or you are suing the person at fault. Your attorney will begin by looking over your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also visit and document the scene of the accident.

This will help them to understand the extent of the injuries you've sustained in relation to cost and projections for your emotional or physical suffering. Then, they will review your financial losses to determine the worth of your case. The damages could include not only your current and future medical expenses but also income loss and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also collect the driving and cell phone records of the drivers at fault to determine how they used their vehicle at the time. This is particularly important when there was a collision that involved an Uber or Lyft car, or any other indication that the driver worked while on the clock.

Additionally the lawyer may ask questions about the defendant's previous criminal and traffic offense history during the discovery process. In general, these information are not admissible in court but they can be useful to impeach the defendant's credibility in cross-examination.

The process of negotiating a settlement

Once you have the medical records, your lawyer can begin negotiations for settlement. The insurance company may make an initial offer that is much less than what you requested in your letter. This is a strategy to see how strong your case. In the counteroffer, it's crucial to emphasize the most important arguments you have in your favor auto accident attorney - for instance, that the insured was fully at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. In the end, back and forth bargaining will lead to an amount that is fair and reasonable.

An experienced auto accident lawyer lawyer can effectively argue for the merits of your claim, including presenting evidence that supports your losses. This may include photos of the car's damage, a police report and witness testimony. We have the ability to calculate the various components of your claim such as loss of income along with pain and suffering as well as a police report.

If the insurance company is unwilling to pay a reasonable amount at this point, we could make a claim. A trial typically lasts between one and two days and is ruled on by jurors or a judge. If your case settles before reaching this stage the process could last months. Your lawyer may also be able to file a summary judgment motion. This means claiming that all evidence is in your favor and arguing that it's impossible to allow the opponent to win.

Filing an action

In the majority of car accident cases, the parties can resolve their disputes without going to court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint will list your assertions and allegations regarding the circumstances of the crash and why you are entitled to compensation. The defendant will be served the Complaint and given a specific amount of time to respond to it.

The discovery stage is when our lawyers and the defendant will begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will pose questions to the defendant's lawyer about their version of the events, including what injuries you have suffered and how they believe it took place. We will also seek out expert opinions that will support our stance.

During the discovery process your lawyer could file legal documents called motions to the court for a judge to decide on. These could include requests to the court to omit certain evidence or set the date for a trial. It can take up to a year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can in the process.