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 strength of your case and what settlement amount you might receive. This is only possible when all the information you require is available.

The initial step in a lawsuit involving a car accident is called discovery. During this stage attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

A lot of the work that goes into a car accident investigation is gathering evidence. This could be evidence like medical records, photos or witness statements. Generally, the more documentation you have to support your claim the stronger your claim will be.

A law enforcement report is the first document you should have. Typically, the police officer who comes to the scene of the accident will draft the report, and it will provide important information about how the crash occurred and who was at fault for the incident.

If required you need to, your attorney can make use of the police report to gather additional evidence. If the panama city auto accident attorney happened in the business environment such as a place of business an employee could have recorded video footage. If this is the case a copy of the tape must be requested from the business as quickly as possible.

You should also document the costs you have incurred in the aftermath of the accident. This could include medical bills and records of your treatment, receipts for medicines, rental car fees and in-home assistance or care transport costs, and much more. In addition, you should document any lost income due to your injury. This could include old pay stubs, as well as tax returns.

It is also advisable to obtain the names of witnesses. These people can serve as valuable sources of information for your case, particularly when they can testify at trial. However, it's important to keep in mind that witnesses can change their testimony over time and forget details of the incident.

Intake and Investigation

The intake process is essential to getting an adequate amount of compensation for your accident injuries regardless of whether you've filed a claim with an insurance company or are suing the at-fault party. Your lawyer will begin by examining your medical records, as well as obtaining copies of accident reports and other evidence. They will also go to and document the scene of the accident.

This information will help them comprehend the severity of your injuries as well as the future and anticipated costs for your emotional and physical suffering. They will then review your financial losses in order to determine the worth 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 conduct an investigation by interviewing witnesses and analyzing all the available evidence. They will also gather the driver at fault's driving records and phone records to determine how they were using their vehicle at the time of the accident. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, since it could affect their ability to pay for your damages.

As part of the discovery procedure as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal offense records. Generally, these details are not admissible in court, but they could be helpful to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have the medical records, you're able to start settlement negotiations. Initially, the insurance company may make an offer which is usually substantially lower than the amount you requested in your letter. This is a method to see how strong your case is. When you counteroffer, it's essential to highlight the most compelling arguments in your favor. For example, that the insurance company was in the wrong and that there were severe injuries and significant medical expenses. Negotiating back and forth should eventually lead to an acceptable and reasonable amount.

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

If, at this point, the insurance company still refuses to provide a reasonable amount, we may choose to file a lawsuit in court. A trial typically lasts up to two days and is either heard by a judge (called a bench trial) or by a jury. If your case is settled prior to reaching this phase it could take months. Your attorney might also be able file a summary judgment motion. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the other side to win.

Filing an action

In the majority of cases involving car accidents, the parties can settle their dispute out of court. Our team will assist you in negotiating a settlement with the other driver's insurance company, or directly with the person at fault. If there is no agreement Our lawyers will start a lawsuit against the defendant. The complaint contains your claims and allegations about the accident, and explains why you are entitled to compensation. The defendant is served with the Complaint, and given a set amount of time to answer.

During the discovery phase, our attorneys will share documents and other material with the defendant, while asking questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions about their version of the events, such as the circumstances under which they believe the crash occurred and what injuries you've sustained. We will also request expert opinions to support our position.

During the discovery process your lawyer can file legal documents called motions to the court to a judge's decision on. This can include requesting the judge to exclude evidence or schedule a trial. It could take a year or more to complete the process of discovery and to set the date of trial for your case. It is essential to speak with an experienced Long Island lowell auto Accident law firm accident attorney as early as possible in the process.