How To Explain Auto Accident Claim To Your Grandparents
The Intake Process for Car Accident Litigation
A lawyer who has experience in the field of car accident litigation can help you determine the strengths of your case as well as the amount of settlement you can receive. However it is only possible when you have all the necessary information.
The initial step in a lawsuit involving a car accident is called discovery. During this stage attorneys and their teams exchange documents and discuss their respective cases under oath.
Documentation
A lot of the work involved in a car crash investigation is gathering evidence. This could include evidence such photos, medical records or witness statements. Generally speaking, the more evidence you have to back your claim the more convincing your argument will be.
The first document that you must have is a police report. The police officer who arrives at the accident scene will usually write a report. It will provide important details about the incident and the person responsible for it.
Your lawyer can also make use of a law enforcement report to gather additional evidence in the event of need. If the accident happened in a place of business, for example an employee could have recorded video footage. If this is the situation, the tape should be requested from the company as soon as it is possible.
Note any costs you have incurred as a result of the accident. Document all expenses you have incurred as a result of. These could include medical bills as well as records of your treatment, receipts from medication rental car costs as well as in-home assistance or care expenses for transportation, and more. You should also document any income lost due to your accident. You can use tax returns and pay stubs.
You should also try to find the names of witnesses. These witnesses can be valuable sources of information for your case, especially in the event that they are able to be present at trial. It is important to keep in mind that witnesses may alter their stories and forget details about the incident over time.
Intake and Investigation
The process of intake is vital in obtaining an adequate amount of settlement for your accident-related injuries, whether you have made an insurance claim or you are suing the person at fault. Your attorney will start by looking over your medical treatment documents, as well as copies of accident reports, and other evidence. They will also visit the site of the crash to take note of what they can.
This information will allow them to understand the extent of the injuries you've suffered, both in terms cost and projections 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 could include not just future and present medical expenses, but also loss of income and property damage.
Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any evidence. They will also collect the driver at fault's driving records and phone records to determine how they used their vehicle at the time of the crash. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was on the job, as this could negatively impact their ability to cover your damages.
As part of the discovery procedure as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal offense records. These details are generally not admissible but could be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
Once you have the medical records, you are able to start settlement negotiations. Initially the insurance company will present an offer which is usually much lower than what you have requested in the letter. This is a way to assess the credibility of your argument. In the counteroffer it is important to emphasize the strongest arguments you have in your favor - for instance, that the insured was entirely at fault and that you suffered serious injuries that resulted in high medical expenses. Negotiating back and forth will eventually result in an equitable and reasonable amount.
A skilled accident lawyer can effectively argue your claim's merits, by presenting evidence to justify your losses. This could include photos of the car damage, police reports or witness testimony. We also know how to calculate the value of each element of your claim, like lost income and pain and suffering.
At this point, if the insurance company refuses to offer a fair amount, we can choose to file a lawsuit in court. A trial typically lasts about two or three days and can be heard by an individual judge (called a bench trial) or jurors. If your case is settled prior to this stage it could take several months. Your attorney may be in a position to file an application for summary judgment. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the other side to prevail.
Filing a Lawsuit
In a majority of car accident cases parties are able to settle their dispute out of court. Our team will help you negotiate an agreement with the insurance company of the other driver company, or directly with the at-fault party. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint contains your claims and allegations relating to the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified timeframe to respond to it.
During the discovery phase, our attorneys will exchange documents and other materials with the defendant while asking questions through interrogatories and depositions. Our team will pose questions to the defendant's lawyer about their interpretation of the events, including the injuries you've sustained and the way they believe it occurred. We will also seek out expert opinions that support our position.
During the discovery phase, your lawyer can file legal documents called motions to the court for a judge to rule on. auto accident lawyer cleveland could include asking the court to omit evidence or set a trial date. It could take a full year or more to complete the discovery process and set the date of trial for your case. This is why it's important to consult with a seasoned Long Island car accident attorney early in the process.