20 Trailblazers Setting The Standard In Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who has experience in defending car accident cases will be able to assist you determine the strengths of your case as well as the amount of settlement you could receive. This is only possible if all the information you need is available.
Discovery is the first step of a car accident case. In this stage, attorneys and their teams exchange documents and discuss questions under the oath.
Documentation
Documentation is a major element of an accident. This could include evidence such photographs, medical records or witness statements. Generally speaking, the more evidence you have to support your claim, the stronger your claim will be.
A police report is the primary document you need. The police officer who arrives at the scene of the accident is likely to prepare a written report. It will provide important details about the incident and who was responsible for it.
If needed, your attorney can use the police report to gather additional evidence. For example, if the incident took place in a commercial where employees were present, the location might have recorded footage of the incident. If that's the case, a copy of the tape should be requested from the business as soon as it is possible.
You should also record the expenses you incur as a result of the accident. These could include medical bills or records of treatment, receipts from medications rental car fees for in-home assistance, care at home expenses for transportation, and more. You should also document any income loss due to your injury. This could include old pay stubs as well as tax returns.
It is also advisable to get the names of witnesses. These people can serve as important sources of information in your case, particularly in the event that they are able to testify at trial. It's important to remember that witnesses could alter their narratives and forget specifics about the incident over time.
Intake and Investigation
Whether you have filed an insurance claim with an company or have started an action against the at-fault driver, the process of obtaining an intake is essential for obtaining full and fair compensation for your injuries from a crash. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports as well as other evidence. They will also visit the site of the accident to observe and document what they can.
This information will enable them to comprehend the extent of the injuries you've suffered in relation to actual and projected costs for your emotional or physical suffering. They will also review your existing and expected financial losses to determine the total value of your case. The damages you incur could include not only your present and future medical expenses but also lost income and property damage.
Your lawyer will also investigate by interviewing witnesses and analyzing the available evidence. They will also take driving and cell phone records of the drivers at fault to determine how they operated their vehicle at the time. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the job, since this could negatively impact the ability of them to pay damages.
In addition to this your attorney may inquire about the defendant's previous criminal and traffic convictions in the discovery process. These details are typically not admissible, but can be used to undermine the credibility of the defendant during cross-examination.
The process of negotiating a settlement
After you have obtained the medical records, your lawyer can begin negotiations on settlement. Initially the insurance company will make an offer that is often considerably lower than what you demand in the letter. This is a tactic to determine how strong your argument is. In the counteroffer, you must be crucial to emphasize the most important arguments in your favor, for example, that the insured was completely at the fault, and that you suffered serious injuries that resulted in significant medical expenses. In the end, a lot of bargaining back and forth should result in an amount that is both fair and reasonable.
A skilled attorney for accidents can effectively argue the merits of your case, by presenting evidence to prove your losses. This may include photos of your car damage, police reports, and witness testimony. We also know how to determine the value of various components of your claim, such as loss of income, suffering and pain.
If at this point the insurance company refuses to provide a reasonable amount, we can decide to file a lawsuit in court. A trial usually lasts up to two days and is either heard by an individual judge (called a bench trial) or jurors. If your case settles before reaching this stage the process could take months. Your attorney may be eligible to file a motion for summary judge. This means claiming that all evidence is in your favor and arguing that it's impossible for the other side to win.
Filing an action
In the majority of car crash cases, the parties are able to settle their disputes outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver at fault. However, if an agreement cannot be reached our lawyers will initiate an action against the defendant. The Complaint will detail your claims and details about the cause of the crash and the reason you should be compensated. The defendant will be served the Complaint and given a specified time frame to respond to it.
During the discovery phase, our lawyers will share documents and other evidence with the defendant while asking questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, including what they believe happened, how they believe it took place and what injuries you've suffered. We will also look for expert opinions to support our position.
During the discovery stage, your lawyer will make legal documents known as motions to the court to be decided by a judge. auto accident lawsuit washington could include requests for the court to omit certain evidence or to schedule the date for a trial. It could take a full year or more to complete the discovery process and set a trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible in the process.