This Week's Best Stories About Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who is experienced in the field of car accident litigation can help you determine the strengths of your case as well as how much settlement you could get. This is only possible if all the information you need is available.
The first step in a car accident lawsuit is called discovery. During auto accident law firm worcester and their teams exchange documents and ask each other questions under the oath.
Documentation
The majority of the work involved in a car crash investigation is gathering evidence. This could include evidence like photos, medical records, or witness statements. The more evidence you have the better your case will be.
The first document you should have is a law enforcement report. Typically, the police officer who comes to the scene of the accident will draft reports, and these will provide important information about what happened and who was at fault for the incident.
If required you need to, your attorney can make use of an investigation report to collect additional evidence. If the incident occurred in the business environment for instance, an employee may have recorded video footage. If this is the case, request a copy from the company.
It is also important to document any expenses you incurred as a result of the accident. This could include medical bills and records of your treatment, receipts from medication rental car costs as well as in-home care or assistance expenses for transportation, and many more. Additionally, you must record any income loss because of your injury. You can use tax returns and pay stubs.
If you can, collect the names of any witnesses to the accident as well. These people can serve as valuable sources of information for your case, especially when they can testify at trial. It is important to keep in mind that witnesses could alter their narratives and forget specifics about the incident over time.
Intake and Investigation
If you have filed an insurance company or are starting an action against the at-fault driver, the process of obtaining an intake is essential to obtaining an adequate and fair settlement for the accident injuries. Your lawyer will begin by looking over your medical treatment documents, as well as copies of accident reports and other available evidence. They will also visit and document the scene of the accident.
This information will help them understand the extent of your injuries, both in terms of future and projected costs for your physical and emotional suffering. They will also review your financial losses to estimate the total value of your case. The damages you incur could include not only your current and future medical costs as well as lost income and property damage.
Your lawyer will also investigate the incident, which includes interviewing witnesses and reviewing any available evidence. They will also obtain the at-fault driver's driving and phone records to determine how they were using their vehicle at the time of the accident. This is particularly important if there was a collision with an Uber or Lyft car, or any other evidence that suggests the driver was working on the clock.
As part of the discovery procedure Your lawyer will ask about the defendant's criminal and traffic record of offenses. Generally speaking, these facts are not admissible in court, however they can be useful to impeach the defendant's credibility during cross-examination.
Negotiating a Settlement
Once you have the medical records, it is possible to begin negotiations for settlement. The insurance company may make an initial offer that is lower than the amount you requested in your letter. This is a way to test the strength of your case. In your counteroffer it is essential to highlight the most compelling arguments you have to your advantage. For example, the insurer was at fault and there were severe injuries as well as significant medical expenses. Eventually, back and forth bargaining will lead to an amount that is reasonable and fair.
A skilled attorney can effectively argue for your claim's merits, including presenting evidence to back your losses. This could include photos of car damage, police reports, and witness testimony. We also know how to calculate the value of each element of your claim, like lost income and suffering and pain.
If at this point the insurance company still refuses to provide a reasonable amount, we can decide to make a claim in court. A trial usually lasts for up to two days and is usually ruled by a judge (called a bench trial) or by a jury. If your case is settled before this stage it could take a few months. Alternatively, your attorney may be capable of filing a motion for summary judgment. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to prevail.
Filing an action
In the majority of cases involving car accidents parties are able to settle their disputes outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your claims and allegations about the circumstances of the crash and why you are entitled to compensation. The defendant is served with the Complaint and given a specified amount of time to respond.
During the discovery phase, our attorneys will discuss documents and other information with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions about their version of events, focusing on what they believe happened during the crash, as well as how they think it took place and what injuries you have suffered. We will also seek expert opinions that enforce our position.
During the process of discovery, your lawyer could submit legal documents, also known as motions to the court for a judge's ruling on. This can include requesting the judge to exclude evidence or schedule a trial. It could take up to an entire year for the discovery process to be completed and a trial date scheduled. It is essential to speak with an experienced Long Island auto accident attorney as early as you can during the process.