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The Intake Process for Car Accident Litigation
A lawyer who is specialized in the field of car accident litigation can help you determine how solid your case is and how the settlement might be worth. This is only possible when all the information you need is available.
The initial step in a lawsuit involving a car accident is known as discovery. In this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.
Documentation
The majority of the work involved in a car crash case is obtaining documentation. This could be evidence like photos, medical records or witness statements. Generally, the more documentation you have to support your claim the stronger your case will be.
A police report is the first piece of paper you should have. The police officer who arrives at the scene will usually prepare a report. This will provide valuable information about the accident and the person responsible for it.
Your lawyer can also make use of a law enforcement report to seek additional evidence in the event of need. If the accident happened in an office such as a place of business, an employee may have recorded video footage. If this is the case, ask for a copy of the footage from the company.
Note any costs you have incurred because of the accident. Record any costs you incur due to. This can include medical bills and records of your treatment, receipts from medication rental car costs for in-home assistance, care at home, transportation costs and more. It is also important to document any income loss due to your accident. You can utilize old tax returns and pay stubs.
You should also try to get the names of witnesses. auto accident attorney huntington beach might be able to give valuable information, especially if can convince them to testify in court. But, it's important to keep in mind that witnesses may alter their accounts over time, and they may forget details about the incident.
Intake and Investigation
The process of intake is crucial to obtaining fair compensation for your injuries from an accident regardless of whether you've submitted an insurance claim or are suing the party at fault. 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 scene of the accident to take note of what they can.
This will help them determine the extent of your injuries as well as the future and anticipated costs for your emotional and 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 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 interviewing witnesses and analyzing any evidence. They will also take the driver at fault's driving records and phone records to determine how they were using their vehicle at the time of the collision. This is particularly important when there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver was working on the clock.
In addition to this your lawyer will also inquire about the defendant's past criminal and traffic offence history in the discovery process. These details are typically not admissible, but can be used to undermine the credibility of the defendant in cross-examination.
The process of negotiating a settlement
Once you have received the medical records, it is possible to begin negotiations for settlement. The insurance company will often make an initial offer that is much less than what you demanded in your letter. This is a way to see how strong your argument is. In your counteroffer, it is crucial to highlight the most powerful points that you have to your advantage. For example, that the insurance company was at fault and that there were serious injuries and high medical costs. Negotiating back and forth will eventually result in an acceptable and reasonable amount.
A skilled accident attorney will effectively argue the benefits of your claim, by presenting evidence to prove your losses. This could include photos of vehicle damage, police reports and witness testimony. We have the ability to calculate various elements of your claim, including lost income as well as pain and suffering, and police reports.
At this point, if the insurance company refuses to offer a reasonable amount, we may choose to make a claim in court. A trial typically lasts between one and two days, and is conducted by jurors or a judge. If your case is settled prior to reaching this phase it could take months. Your lawyer may also be able to file a summary motion to enter judgment. This is a way of presenting 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 car crash cases, the parties are able to settle their dispute without going to court. Our team will help you negotiate a settlement with the insurance company, or directly with the at-fault party. If an agreement is not reached our lawyers will bring an action against the defendant. The Complaint outlines your claims and allegations relating to the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint, and given a set time frame to respond.
The discovery phase is when our attorneys and the defendant will begin to exchange documents and other material and ask questions via interrogatories or depositions. Our team will ask questions to the lawyer of the defendant regarding their version of the events, including what injuries you have suffered and how they believe it took place. We will also look for experts to back our claims.
During the discovery phase, your lawyer may submit legal documents, also known as motions to the court for a judge to rule on. This could mean asking the court to block evidence or set a trial date. It can take up to one year for the investigation process to be completed and a trial date set. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.