The Intake Process for Car Accident Litigation

A lawyer with expertise in litigation involving car accidents can help you determine how solid your case is and how the settlement you receive could be worth. This is only possible when all the information you need is available.

Discovery is the first step of a car accident case. During this phase, attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a major element of an accident. This could include evidence like photos, medical records, or witness statements. The more documentation that you have the more convincing your case will become.

The first document you should have is a police report. The police officer who arrives at the scene of an accident will usually prepare a report. This report will provide important information about the hasbrouck heights auto accident attorney and the person responsible for it.

If necessary your attorney has to use the police report to gather additional evidence. If the incident occurred at the business environment such as a place of business an employee might 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.

Keep track of any expenses you incur due to the accident. Document any expenses you incurred due to. This could include medical bills as well as records of your treatment, receipts from medications rental car fees for in-home assistance, care at home as well as transportation costs. In addition, you should record any income loss due to your accident. You can use tax returns and highclassps.com pay stubs.

If you can, collect the names of witnesses to the incident as well. These people may be able provide valuable details, especially if can convince them to appear in court. It is important to remember that witnesses can alter their accounts and forget details about the incident over time.

Intake and Investigation

If you have made a claim with an insurance company or are preparing a lawsuit against an at-fault driver, the initial intake process is crucial to getting an adequate and fair settlement for the accident injuries. Your attorney will start by reviewing your medical treatment documents, and then obtaining copies accident reports, and other evidence. They will also go to the scene of the accident to document and observe what they can.

This information will allow them to comprehend the extent of injuries you have suffered in terms of cost and projections for your physical or emotional suffering. They will also review your existing and expected financial losses to estimate the total value of your case. The damages you suffer could include not only current and future medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all available evidence. They will also collect the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the accident. This is particularly important if there was a collision with an Uber or Lyft car, or any other indication that the driver worked while on the clock.

As part of the discovery procedure Your lawyer will inquire about the defendant's criminal and traffic offence records. Generally speaking, these facts are not admissible in court but they could be helpful to undermine the credibility of a defendant during cross-examination.

Negotiating a Settlement

After receiving the medical records, you're able to begin settlement negotiation. In the beginning, the insurance company may make an offer that's usually considerably lower than what you demand in the letter. This is a method to assess the strength of your argument. In the counteroffer it is important to highlight the strongest arguments for your side - for instance, that the insured was fully at the fault and that you sustained serious injuries that resulted in high medical expenses. Eventually, back and forth bargaining should get you to an amount that is both reasonable and fair.

A skilled lawyer for accidents can effectively argue your claim's merits, including presenting evidence to prove your losses. This may include photos of the damage to your vehicle or a police report, as well as witness testimony. We can calculate the various components of your claim, including lost income, pain and suffering and police reports.

If at this point the insurance company continues to refuse to provide a reasonable amount, we can choose to file a lawsuit in court. A trial usually lasts about two or three days and can be heard by a judge (called a bench trial) or a jury. If your case is settled prior to this phase it could take several months. Alternatively, your attorney may be in a position to file a motion for summary judgment. This involves asserting all of the evidence in your favor and arguing that it is impossible for the other side to prevail.

Filing a Lawsuit

In the majority of cases involving car accidents, the parties are able to resolve their disagreement outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party who is at fault. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and allegations regarding the cause of the crash and why you are entitled to compensation. The defendant is served the Complaint, and given a specified amount of time to answer.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their version of the events, such as what damages you've suffered and the way they believe it occurred. We will also seek expert opinions that will support our stance.

During the process of discovery, your lawyer may file legal documents called motions to the court for a judge to decide on. This can include requesting the court to block evidence or schedule a trial. It can take as long as a year for the discovery process to be completed and a trial date to be set. It is crucial to talk with an experienced Long Island East peoria Auto accident law firm accident attorney early during the process.