11 Ways To Completely Redesign Your Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer with expertise in the area of car accident litigation will help you determine the strength of your case is as well as how the settlement might be worth. This is only possible when all the information you need is available.
The first 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
A large portion of the work that goes into a car accident case is obtaining documentation. This can include evidence like photographs, medical records or witness statements. The more documentation that you have, the more convincing your case.
The first piece of evidence you need is a report from the police. Typically the police officer who arrives at the scene of the accident will write reports, and these will contain important information about how the accident occurred and who was responsible for the incident.
Your lawyer may also utilize a law enforcement report to pursue additional evidence in the event of need. For instance, if the accident happened in a business or office, an employee working at the area may have recorded video footage of the incident. If this is the case, you must seek a copy from the business.
It is also important to document the expenses you incur due to the accident. This can include medical bills and records for your treatment, receipts for medication rental car costs as well as in-home care or assistance expenses for transportation, and many more. Additionally, you must note any income loss due to your injury. You can utilize old tax returns and pay stubs.
You should also obtain the names of witnesses. These people may be able to give valuable information, especially if you can convince them to testify in court. It's important to keep in mind that witnesses could alter their story and forget details about the incident as time passes.
Intake and Investigation
Whether you have filed an insurance claim with an company or are preparing an action against the at-fault driver, the process of obtaining an intake is essential to obtaining full and fair compensation for your crash injuries. auto accident attorneys sandy springs will begin by looking over your medical treatment documents, as well as copies of accident reports as well as other evidence. They will also visit and document the scene of the accident.
This will help them to assess the severity of the harm you've suffered as well as the future and current costs for your physical or emotional suffering. Then, they'll review your current and future financial losses to estimate the value of your case. The damages you incur could include not only your present and future medical costs but also lost income and property damage.
Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any evidence. They will also collect information about the driving habits and cell phones of the at-fault drivers to determine if they were using their vehicle during the time. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle or any other evidence that suggests the driver was working around the clock.
In addition to this your lawyer will also inquire about the defendant's criminal and traffic convictions during the discovery process. These details are typically not admissible, but they could be used to undermine the defendant's credibility during cross-examination.
The process of negotiating a settlement
After you have received your medical records, it is possible to begin settlement negotiations. In the beginning the insurance company will present an offer that is often much lower than what you have requested in the letter. This is a way to see how strong your argument is. In the counteroffer, it is crucial to emphasize the most important points in your favor - for example, that the insured was completely at the fault, and that you suffered severe injuries with high medical expenses. The process of negotiating back and forth should eventually result in an appropriate and fair amount.
A skilled attorney for accidents can effectively argue for the benefits of your claim, by presenting evidence to prove your losses. This could include photographs of the car's damage along with a police report as well as witness testimony. We can calculate the various components of your claim, including lost income as well as pain and suffering, and police report.
If, at this point, the insurance company refuses to offer a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial usually lasts about two or three days and can be heard by an individual judge (called a bench trial) or by a jury. If your case is settled before this point, it can take several months. Your lawyer may also be able file a summary motion for judgment. This means presenting all of the evidence to your advantage and arguing that it's impossible for the other side to prevail.
Filing a Lawsuit
In the majority of cases involving car accidents the parties can settle their dispute out of court. Our team will help you negotiate with the insurance company of the other driver or directly with the party who was at fault. If no agreement is reached, our lawyers will file a suit against the defendant. The Complaint will contain your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specified time frame to respond.
During the discovery phase, our lawyers will share documents and other information with the defendant while asking questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of the events, such as how they believe the crash occurred and the injuries you've sustained. We will also solicit expert opinions that support our position.
During the discovery phase, your lawyer can make legal motions to the court to a judge's decision on. This may include requests for the court to exclude certain evidence or to schedule an appointment for trial. It can take up to one year for the discovery process to be completed and a trial date set. This is the reason it's essential to partner with an experienced Long Island car accident attorney early on in the process.