14 Businesses Doing An Amazing Job At Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer with expertise in litigation involving car accidents can assist you in determining how strong your case is and how the settlement may be worth. However it is only possible if you have all the relevant information.
Discovery is the first step of an auto accident case. During this phase, attorneys and their teams exchange documents and ask each other questions under swearing.
Documentation
A significant portion of the work involved in a car accident investigation is gathering evidence. This could include evidence such as medical records, photos or witness statements. The more documentation that you have the more convincing your case.
A law enforcement report is the first piece of paper you need. The police officer who arrives at the accident scene will typically prepare a report. This will provide valuable information about the accident and the person responsible for it.
If needed your attorney has to use an investigation report to collect additional evidence. For example, if the accident happened in a business the employee who worked at that location might have recorded footage of the incident. If this is the case, request a copy of the video from the company.
You should also record the expenses you incur as a result of the accident. These could include medical bills and records for your treatment, receipts from medication, rental car fees and in-home assistance or care as well as transportation costs and much more. Additionally, you must note any income loss as a result of your accident. This can include old pay slips and tax returns.
If you can, get the names of witnesses to the incident as well. These witnesses can be valuable sources of information for your case, especially those who are able to be a witness in a trial. It is important to remember that witnesses could alter their stories and forget details about the accident over time.
Intake and Investigation
The intake process is essential to getting fair compensation for your accident injuries regardless of whether you've submitted an insurance claim or are suing the party at fault. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports and other evidence. They will also visit the scene of the crash to take note of what they can.
This information will assist them determine the extent of your injuries in relation to future and current costs for your emotional and physical suffering. Then, they'll review your financial losses to determine the value of your case. The damages you incur could include not just your current and future medical expenses but also income loss and property damage.
Your lawyer will also conduct an investigation by interviewing witnesses and reviewing all available evidence. They will also gather the driver who was at fault and their driving cell phone records to see how they used their vehicle at the time of the accident. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, as this could impact their ability to cover your damages.
In addition your lawyer will also inquire regarding the defendant's prior criminal and traffic offence history as part of the discovery process. In general, these information are not admissible in court but they can be useful to undermine the credibility of the defendant during cross-examination.
The process of negotiating a settlement
Once you have the medical records, you're able to start settlement negotiations. In auto accident attorney athens , the insurance company will offer an offer that's usually significantly lower than the amount you have requested in the letter. This is an opportunity to determine the strength of your case. In the counteroffer it is important to highlight the strongest points in your favor - for example, that the insured was entirely at blame and that you were afflicted with severe injuries with significant medical expenses. In the end, back and forth bargaining will lead to an amount that is both fair and reasonable.
A skilled attorney for accidents will effectively argue the merits of your case, by presenting evidence to prove your losses. This could include photos of the damage to your vehicle along with a police report as well as witness testimony. We also know how to determine the value of various components of your claim, like lost income and suffering and pain.
If the insurance company is unwilling to pay an amount that is reasonable at this point, we may bring a lawsuit. A trial usually lasts about two or three days and is usually ruled by a judge (called a bench trial) or by jurors. If your case settles prior to this phase it could take a few months. Your attorney may also be able file a summary judgment motion. This is where you present all the evidence in your favor and arguing that it is impossible for the opposing side to win.
Filing a Lawsuit
In the majority of car crash cases, the parties are able to resolve their disputes without the need for court. Our team will assist you in negotiating an agreement with the other driver's insurance company, or directly with the party at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint, and given a specific time frame to respond.
The discovery phase is when our lawyers and the defendant begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will pose questions to the defendant's lawyer about their perspective on the events, focusing on what injuries you have suffered and how they believe it took place. We will also look for expert opinions to support our assertions.
During the discovery stage, your lawyer will make legal documents known as motions with the court to be decided by a judge. This could include requests for the court's decision to exclude certain evidence or to set the date for a trial. It can take up to one year for the discovery process to be completed and a trial date scheduled. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.