The Intake Process for Car Accident Litigation
A lawyer who specializes in litigation involving car accidents can help you determine how solid your case is and how the settlement you receive could be worth. But it is only possible when you have all the necessary information.
Discovery is the first step of an auto accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under an oath.
Documentation
A large portion of the work involved in a car wreck case is obtaining documentation. This can include evidence such as photos, medical records, or witness statements. The more evidence you have to support your claim, the stronger your case will be.
The first piece of documentation you need is a law enforcement report. Typically the police officer that comes to the scene of the accident will prepare an investigation report. This will contain important information about how the crash occurred and who was responsible for the incident.
Your attorney can also use the law enforcement report to gather additional evidence in the event of need. For instance, if an incident took place in a commercial, an employee at that area may have recorded footage of the incident. If that's the case, a copy of the tape must be requested from the company as soon as possible.
You should also record any expenses you incurred in the aftermath of the accident. This could include medical bills and records for your treatment, receipts from medication rental car costs, in-home care or assistance transport costs, and much more. It is also important to document any income you lose due to your injury. You can use your old tax returns and pay stubs.
It is also advisable to get the names of witnesses. They may be able to provide valuable information, especially if you are able to get them to appear in court. It is important to remember that witnesses are prone to altering their story over time and forget details of the incident.
Intake and Investigation
Whether you have made an insurance claim with an company or are starting an action against an at-fault driver, the process of intake is essential to obtaining full and fair compensation for the injuries you sustained in a crash. Your lawyer will begin by looking over your medical treatment records, obtaining copies of accident reports and other available evidence. They will also visit the scene of the accident to take note of what they can.
This information will help them determine the extent of your injuries as well as the future and anticipated costs for your emotional and physical suffering. They will then analyze 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 and property damage.
Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any evidence. They will also take the driver at fault's driving records and cell phone records to see how they were using their vehicle at the time of the collision. This is especially important in the event that there was a collision with an Uber or Lyft vehicle or any other evidence that suggests the driver worked while on the clock.
As part of the discovery procedure Your lawyer will ask about the defendant's criminal and traffic offence records. These details are generally not admissible but could be used to undermine the credibility of the defendant in cross-examination.
Negotiating a Settlement
Once you have received the medical records, you're able to start settlement negotiations. In auto accident law firm worcester , the insurance company will present an offer that is usually much lower than what you demand in the letter. This is a strategy to see how strong your case is. In the counteroffer, it is important to highlight the strongest arguments for your side - for example, that the insured was fully at the fault and that you sustained severe injuries with significant medical expenses. Negotiating back and forth could eventually lead to a fair and reasonable amount.
An experienced accident lawyer can successfully argue for your claim's merits, by presenting evidence to justify your losses. This may include photos of your car damage, police reports and witness testimony. We are able to calculate various elements of your claim like loss of income, pain and suffering and police report.
If the insurance company is unwilling to pay an acceptable amount at this point, we can bring a lawsuit. A trial usually lasts for between one and two days. It can be heard by a judge (called a bench trial) or by jurors. If your case settles before this stage, it can take several months. Or, your lawyer may be capable of filing a motion for summary judgment. This means claiming that all evidence is in your favour, and arguing that it's impossible for the opposition to prevail.
Filing a Lawsuit
In the majority of car accident cases parties can settle their dispute without going to court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. However, if there is no agreement our lawyers will initiate a lawsuit against the defendant. The Complaint will list your assertions and allegations regarding the cause of the crash and why you deserve compensation. The defendant is served the Complaint and given a certain time frame to respond.
During the discovery phase, our attorneys will discuss documents and other material with the defendant and ask questions through interrogatories and depositions. Our team will ask the defendant's attorney questions about their version of events, including what they believe happened, how they believe it took place and what injuries you've suffered. We will also seek out expert opinions to support our assertions.
During the discovery phase, your lawyer may make legal documents known as motions with the court to be ruled on by a judge. This could mean asking the court to block evidence or to schedule a trial. 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 attorney as early as possible in the process.