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 as well as how the settlement might be worth. This is only possible when all the information you need is available.

Discovery is the first step of an commerce city auto accident attorney accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

A significant portion of the work involved in a car wreck case is obtaining documentation. This could be evidence like photographs, medical records or witness statements. The more documentation that you have, the more convincing your case.

The first piece of documentation you should have is a law enforcement report. Typically, the police officer who arrives at the scene of the accident will prepare an investigation report. This will provide important information about the circumstances of the crash and who was responsible for the incident.

If necessary you need to, your attorney can make use of an investigation report to collect additional evidence. If the incident occurred in a place of business such as a place of business an employee could have recorded video footage. If this is the case, you must ask for a copy of the footage from the company.

You should also document the costs you have incurred in the aftermath of the accident. This can include medical bills and records of your treatment, receipts from medication rental car costs home care or assistance transport costs, and more. It is also important to document any income lost due to your accident. This can include old pay stubs and tax returns.

If you are able to, request the names of any witnesses to the accident as well. They might be able provide valuable details, especially if are able to have them testify in court. It is important to remember that witnesses can alter their stories and forget details about the accident over time.

Intake and Vimeo Investigation

The intake process is essential to receiving an adequate amount of compensation for your injuries from an accident regardless of whether you've submitted an insurance claim or are suing the at-fault party. Your attorney will begin by examining your medical records, obtaining copies accident reports and other evidence. They will also visit the site of the crash to take note of what they can.

This will allow them to comprehend the extent of the injuries you've suffered in relation to current and projected costs for your physical or emotional suffering. They will then look over your existing and expected financial losses to determine the total value of your case. The damages you incur could comprise not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate and Vimeo interview witnesses and reviewing all available evidence. They will also gather information about the driving habits and cell phones of the drivers who were at fault to determine how they operated their vehicle during the time. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was working while on the job, since this could impact their ability to cover your damages.

In addition, your attorney will likely ask questions about the defendant's previous criminal and traffic convictions during the discovery process. These details are generally not admissible, however they can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

After obtaining the medical records after which your lawyer can start negotiations for settlement. In the beginning, the insurance company will present an offer that is usually much lower than what you demand in the letter. This is a strategy to determine how strong your case is. In the counteroffer it is important to highlight the strongest arguments you have in your favor - for example, that the insured was at the fault and that you sustained serious injuries that resulted in the highest medical costs. In the end, a lot of the back and forth negotiation should get you to an amount that is fair and reasonable.

A skilled accident attorney can successfully argue the benefits of your claim, including presenting evidence to support your losses. This could include photos of the car damage, police reports, and witness testimony. We also know how to determine the value of each element of your claim, like lost income and pain and suffering.

If the insurance company refuses to pay an acceptable amount at this point, we could make a claim. A trial typically lasts up to two days and is usually ruled by an individual judge (called a bench trial) or by a jury. If your case settles prior to reaching this stage the process could take months. Your attorney might also be able file a summary motion for judgment. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the opposing side to win.

Filing an action

In a majority of car accident cases the parties can settle their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will include your claims and allegations about how the accident occurred and why you are entitled to compensation. The defendant will be served with the Complaint and given a specific amount of time to respond to it.

The discovery stage is when our attorneys and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask questions to the lawyer for the defendant about their interpretation of the events, such as what injuries you have suffered and how they believe it happened. We will also solicit expert opinions that enforce our position.

During the discovery phase, your lawyer can submit legal documents, also known as motions to the court for a decision by the judge. This may include requests for the court to block certain evidence or to schedule the date for a trial. It can take as long as an entire year for the discovery process to be completed and a trial date set. It's crucial to consult with an experienced Long Island menlo park auto accident lawyer accident attorney as early as you can in the process.