The Intake Process for Car Accident Litigation
A lawyer who specializes in car accident litigation can help you determine how solid your case is, and how the settlement may be worth. But it is only possible if you have all the information needed.
Discovery is the initial step of an auto accident case. 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 case is collecting documentation. This could include evidence such medical records, photos or witness statements. Generally speaking, the more evidence you have to back your claim, the stronger your case will be.
A police report is the primary document you should have. Typically the police officer that arrives at the scene of the accident will prepare reports, and these will provide important information about how the accident occurred and who was at fault for the incident.
Your attorney can also use the law enforcement report to pursue additional evidence in the event of need. For example, if the accident happened in a business the employee who worked at that location may have recorded video footage of the incident. If that's the case, the tape must be requested from the business as soon as possible.
You should also keep track of the expenses you incur as a result of the accident. This could include medical bills and records of your treatment, receipts for medicines rental car charges, in-home care or assistance, transportation costs, and more. It is important to record any income loss due to your injury. This could include old pay slips and tax returns.
If you can, get the names of any witnesses to the incident as well. These people can serve as valuable sources of information for your case, especially those who are able to be a witness in a trial. However, it is important to remember that witnesses may alter their stories over time and may forget details of the accident.
Intake and Investigation
The intake process is critical to receiving fair settlement for your accident-related injuries, whether you have filed an insurance claim or you are suing the person at fault. Your attorney will start by looking through your medical documents, as well as copies of accident reports and other available evidence. They will also visit and document the scene of the accident.
This information will help them comprehend the severity of your injuries in relation to current and projected future costs for your emotional and physical suffering. Then, they'll review your current and future financial losses to determine the worth of your case. Damages could include not only your present and future medical costs, but also lost income and property damage.
Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also take the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the crash. This is particularly important if there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver was on the clock.
As part of the discovery procedure the lawyer will ask about the defendant's criminal and traffic offence records. These facts are usually not admissible, but can be used to undermine the credibility of the defendant during cross-examination.
The process of negotiating a settlement
Once you have the medical records after which your lawyer can start negotiations for settlement. The insurance company will typically make an initial offer that is smaller than the amount that you requested in your letter. This is a strategy to assess how strong your argument is. In your counteroffer it is crucial to highlight the most powerful points that you have to your advantage. For instance, if you claim that the insurance company was at fault and that there were serious injuries and high medical costs. Eventually, negotiations back and forth will result in an amount that is both fair and reasonable.
A skilled attorney for accidents can effectively argue the merits of your claim, including presenting evidence to support your losses. This could include photos of the damage to your car, a police report and witness testimony. We have the ability to calculate the various components of your claim, such as lost income, pain and suffering and police reports.
If, at this point, the insurance company still refuses to provide a reasonable amount, we may choose to start a lawsuit in the courtroom. A trial usually lasts for between one and two days. It is supervised by a judge (called a bench trial) or jurors. If your case is settled prior to this phase it could take several months. Your attorney might also be able to file a summary judgment motion. This is where you present all the evidence in your favor and arguing that it's impossible for the opposing side to prevail.
Filing an action
In a majority of car accident cases, the parties can resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party who is at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will include your claims and allegations regarding how the crash occurred and the reason you should be compensated. The defendant is served the Complaint and given a certain amount of time to respond.
During auto accident law firm montgomery , our attorneys will share documents and other material with the defendant while asking 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 suffered. We will also request expert opinions that will support our stance.
During the discovery process, your lawyer may file legal documents called motions to the court for a judge's ruling on. This could mean asking the court to exclude evidence or schedule a trial. It can take as long as a year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident attorney early in the process.