The Intake Process for Car Accident Litigation
A lawyer who specializes in car accident litigation can help you determine how solid your case is as well as how much your settlement could be worth. However this is only possible when you have all the information needed.
The first step in a lawsuit involving a car accident is known as discovery. During this stage, attorneys and their teams will communicate with each other and ask questions under the oath.
Documentation
The majority of the work involved in a car accident case is obtaining documentation. This can include evidence such as photos, medical records, or witness statements. The more evidence you have, the more convincing your case will become.
The first piece of evidence you should have is a law enforcement report. Typically the police officer that arrives at the scene of the crash will prepare an investigation report. This will provide crucial information on how the crash occurred and who was at fault for the incident.
If required your attorney has to use a police report to gather additional evidence. For instance, if the accident happened in a business, an employee at that location may have recorded footage of the incident. If this is the case the tape should be requested from the business as soon as is possible.
Keep auto accident lawsuit san diego of any expenses you incur due to the accident. Document any expenses you incurred due to. These could include medical bills or records of treatment, receipts from medication rental car costs as well as in-home assistance or care expenses for transportation, and more. It is also important to document any income you lose due to your accident. This could include old pay stubs, as well as tax returns.
You should also obtain the names of witnesses. They may be able to provide valuable information, especially if can convince them to be a witness in court. However, it's important to keep in mind that witnesses are prone to altering their story over time and may forget details of the accident.
Intake and Investigation
The process of intake is crucial to getting an adequate amount of settlement for your accident-related injuries regardless of whether you've filed a claim with an insurance company or are suing the responsible party. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports and other evidence. They will also visit the site of the accident to document and observe what they can.
This information will enable them to understand the extent of the harm you've suffered as well as the actual and projected costs for your physical or emotional suffering. Then, they'll review your financial losses in order to determine the value of your case. The damages could not be limited to only current and future medical expenses, but also lost income and property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also gather the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the crash. This is especially important in the event that there was a collision with an Uber or Lyft car or any other evidence that suggests the driver worked while on the clock.
As part of the process of discovery, your lawyer will also ask about the defendant's criminal and traffic offence records. These details are typically not admissible, but can be used to undermine the credibility of the defendant in cross-examination.
The process of negotiating a settlement
Once you have the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. In the beginning the insurance company will present an offer that's usually considerably lower than what you request in the letter. This is a tactic to test how convincing your argument is. In your counteroffer, it's crucial to highlight the most powerful points you have to your advantage. For example, that the insurer was at fault and that there were severe injuries as well as expensive medical expenses. In the end, a lot of negotiations back and forth will result in an amount that is fair and reasonable.
A skilled lawyer for accidents can successfully argue your claim's merits, including presenting evidence to back your losses. This could include photos of the car damages, police reports and witness testimony. We have the ability to calculate various elements of your claim like loss of income, pain and suffering and police reports.
If, at this point, the insurance company still refuses to offer a fair amount, we have the option to make a claim in court. A trial typically lasts about two or three days and can be heard by a judge (called a bench trial) or by jurors. If your case settles prior to reaching this phase the process could take months. Your lawyer may also be able to file a summary motion for judgment. This means presenting all of the evidence to your advantage and arguing that it's impossible for the other side to win.
Filing a Lawsuit
In the majority of car accident cases, the parties are able to settle their disputes outside of court. Our team will work to help you negotiate a settlement with the insurance company of the other driver company, or directly with the party at fault. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will detail your claims and allegations about the circumstances of the crash and why you are entitled to compensation. The defendant is served the Complaint, and given a set amount of time to answer.
During the discovery phase, our attorneys will share documents and other information with the defendant while asking questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including what they believe happened, how they believe it occurred and the injuries you have suffered. We will also request expert opinions that support our position.
During the discovery process, your lawyer can submit legal documents known as motions to the court to a judge's decision on. This could include requests for the court to exclude certain evidence or set a trial date. It could take up to one year for the investigation process to be completed and a trial date scheduled. This is the reason it's essential to partner with an experienced Long Island car accident attorney at the beginning of the process.