The Intake Process for Car Accident Litigation

A lawyer who is experienced in litigation involving car accidents can help you determine the strengths of your case as well as how much settlement you could receive. This is only possible if all the information you require is available.

Discovery is the very first step of a car accident case. In this stage, attorneys and their teams exchange documents and ask questions under the oath.

Documentation

Documentation is an integral part of the work in a car accident. This may include evidence such as photos, medical records, or witness statements. Generally speaking, the more evidence you can provide to support your claim the stronger your case will be.

The first document you should have is a law enforcement report. The police officer who arrives at the accident scene is likely to prepare a written report. It will give valuable information about the accident and who was responsible for it.

If necessary your attorney has to use a police report to gather additional evidence. For example, if the incident occurred at a company the employee who worked at that site might have recorded footage of the incident. If this is the case, ask for a copy of the footage from the business.

You should also document the costs you have incurred as a result of the accident. This could include medical expenses as well as records of your treatment, receipts from medications rental car costs as well as in-home assistance or care transport costs, and many more. In addition, you should record any income loss due to your injury. This can include old pay stubs as well as tax returns.

You should also get the names of witnesses. These people may be able to provide important details, especially if can convince them to appear in court. It's important to remember that witnesses may alter their accounts and forget details about the accident over time.

Intake and Investigation

If you have filed a claim with an insurance firm or are beginning an action against the at-fault driver, the initial intake process is crucial to getting full and fair compensation for the mckenzie auto accident lawsuit injuries. Your attorney will begin by reviewing your medical records, and obtaining copies sebring auto accident law firm reports and other evidence. They will also visit the site of the crash to take note of what they can.

This will allow them to understand the extent of injuries you have suffered in relation to cost and projections for your emotional or physical suffering. They will also review your existing and expected financial losses to estimate the total value of your case. Your damages can include not only your present and future medical expenses but also income loss and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and reviewing any available evidence. They will also gather the driving and cell phone records of the at-fault drivers to see how they used their vehicle at the time. This is especially important if there was a collision with an Uber or Lyft car, or any other indication that the driver was working around the clock.

As part of the discovery process the lawyer will ask about the defendant's traffic and criminal record of offenses. These details are generally not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents then your lawyer will begin negotiations for settlement. The insurance company may make an initial offer that is lower than the amount you requested in your letter. This is an opportunity to test the credibility of your argument. When you counteroffer, it's crucial to emphasize the most important points 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 high medical costs. Eventually, back and forth bargaining will result in an amount that is both fair and reasonable.

A skilled accident attorney can successfully argue the benefits of your claim, including presenting evidence to support your losses. This could include photographs of the car damage as well as a police report and witness testimony. We also know how to determine the value of various components of your claim, including lost income and suffering and pain.

If at this point the insurance company refuses to offer a fair amount, we can decide to file a lawsuit in court. A trial usually lasts between one and two days, and is conducted by a judge or a jury. If your case settles before reaching this phase the process could last months. Your attorney may also be able to file a summary judgment motion. This means presenting all of the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing a Lawsuit

In a majority of cases involving car accidents parties are able to settle their disputes outside of court. Our team will work to assist you in negotiating an agreement with the other driver's insurance company, or directly with the at-fault party. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint contains your claims and allegations regarding the accident and why you are entitled to compensation. The defendant is served with the Complaint and given a certain time frame to respond.

During the discovery phase, our lawyers will share documents and other material with the defendant and ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their view of the events, including the injuries you have suffered and the way they believe it happened. We will also seek experts to back our assertions.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court to a judge's decision on. These could include requests to the court to omit certain evidence or set the date for a trial. It can take a whole year or more to complete the process of discovery and to set a trial date for your case. It is imperative to speak with an experienced Long Island edgewater auto accident lawyer accident attorney at the earliest possible point during the process.