A lawyer who has experience in litigation involving car accidents will be able to help you determine the potential strength of your case and how much settlement you could receive. However this is only possible with all the necessary information.
The initial step in a lawsuit involving a car accident is called discovery. During this phase, attorneys and their teams exchange documents and ask each other questions under the oath.
Documentation
The majority of the work that goes into a car accident case is collecting evidence. This could be evidence like photographs, medical records, or witness statements. In general, the more evidence you can provide to support your claim the more convincing your claim will be.
The first piece of evidence that you must have is a law enforcement report. Typically the police officer who comes to the scene of the accident will prepare a report, and this will provide crucial information on how the accident occurred and who was responsible for the incident.
Your attorney may also make use of the report of a law enforcement officer to pursue additional evidence in the event of need. For example, if the incident took place in a commercial where employees were present, the site might have recorded footage of the incident. If this is the case, you must ask for a copy of the footage from the business.
You should also record the costs you have incurred due to the accident. These could include medical bills and records for your treatment, receipts for medication rental car expenses home care or assistance, transportation costs, and more. In addition, you should record any income loss because of your injury. You can use tax returns and pay stubs.
You should also obtain the names of witnesses. These witnesses can be valuable sources of information for your case, particularly if they are able to be a witness in a trial. It's important to keep in mind that witnesses could alter their stories and forget details about the incident over time.
Intake and Investigation
Whether you have made an insurance claim with an company or have started legal action against a negligent driver, the process of intake is essential to obtaining the full and fair amount of compensation for your injuries from a crash. Your attorney will begin by examining your medical records, obtaining copies auto accident case reports and other evidence. They will also go to and document the auto accident law scene.
This will allow them to comprehend the extent of injuries you have suffered in relation to current and auto accident case projected costs for your physical or emotional suffering. They will also review your existing and expected financial losses to estimate the value of your case. The damages could include not just future and present medical expenses, but also your loss of income as well as property damage.
Your lawyer will also investigate by interviewing witnesses and analyzing the available evidence. They will also obtain the at-fault driver's driving and phone records to determine the way they used their vehicle at the time of the accident. This is especially important in the event that there was a collision involving an Uber or Lyft car, or any other evidence that suggests the driver was working around the clock.
Additionally your attorney may ask questions regarding the defendant's prior criminal and auto accident case traffic offence history in the discovery process. These details are typically not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.
Negotiating a Settlement
Once you have received the medical records, you are able to begin settlement negotiation. The insurance company will often make an initial offer that is lower than the amount you requested in your letter. This is a method to see how strong your argument is. When you counteroffer, it's essential to highlight the most compelling arguments in your favor. For instance, you could argue the insurer was responsible and that there were serious injuries and significant medical expenses. Negotiating back and forth should eventually lead to a fair and reasonable amount.
An experienced attorney can successfully argue the merits of your case, by presenting evidence to prove your losses. This could include photos of the car damage, police reports, and witness testimony. We also know how to determine the value of different elements of your claim, like lost income and suffering and pain.
If, at this point, the insurance company refuses to offer a fair amount, we can choose to bring a lawsuit to court. A trial typically lasts one or two days and is usually ruled by a judge (called a bench trial) or a jury. If your case settles prior to this stage, it can take several months. Or, your lawyer may be eligible to file an application for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the other side to prevail.
Filing an action
In a majority of car accident cases, the parties can resolve their disagreement 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 an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will include your claims and details about how the auto accident litigation occurred and why you are entitled to compensation. The defendant is served with the Complaint and given a certain time frame to respond.
The discovery phase is when our lawyers and the defendant will begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, including the circumstances under which they believe the crash occurred and what injuries you've sustained. We will also seek out expert opinions to support our position.
During the discovery phase, your lawyer may make legal documents known as motions to the court to be ruled on by the judge. This may include requesting the court to exclude evidence or set a trial date. It can take a whole year or more to complete the process of discovery and to set an appointment date for your case. It's crucial to consult with an experienced Long Island auto accident claim accident case (new content from 211.110.178.122) auto accident lawyers attorney as early as you can in the process.
