This Week's Most Remarkable Stories Concerning Auto Accident Claim
The Intake Process for Car Accident Litigation
An experienced lawyer in the field of car accident litigation can help you determine the strengths of your case as well as what settlement amount you might receive. However this is only possible with all the necessary information.
Discovery is the first stage of an auto accident case. In this phase attorneys and their teams exchange documents and ask each other questions under swearing.
Documentation
Documentation is a major element of an auto accident. This can include evidence like photographs, medical records, or witness statements. auto accident law firm oceanside that you have the better your case will be.
A police report is the primary document you need. The police officer who arrives at the scene of the accident will usually write a report. It will provide important details about the incident and the person responsible for it.
If necessary your lawyer has the option of using the police report to gather additional evidence. For example, if the accident happened in a business where employees were present, the location might have recorded footage of the incident. If that's the case, the tape must be requested from the company as soon as is possible.
It is also important to document the costs you have incurred as a result of the accident. These could include medical bills or records of treatment, medication receipts rental car expenses and in-home care or assistance transport costs, and many more. In addition, you should record any income loss as a result of your accident. This can include old pay stubs, as well as tax returns.
If you are able to, request the names of witnesses to the incident as well. They may be able to provide important information, especially if you can get them to give evidence in court. It's important to remember that witnesses may alter their stories and forget details regarding the accident as time passes.
Intake and Investigation
Whether you have filed an insurance company or have started a lawsuit against an at-fault driver, the process of obtaining an intake is essential for obtaining the full and fair amount of compensation for the accident injuries. Your attorney will start by looking through your medical documents, and then obtaining copies accident reports as well as other evidence. They will also go to the scene of the crash to record and observe what they can.
This information will allow them to determine the extent of your injuries as well as the future and anticipated costs for your emotional and physical suffering. They will then look over your existing and expected financial losses to estimate the total value of your case. The damages could include not only current and future medical expenses, but also your loss of income as well as property damage.
Your lawyer will also investigate by interviewing witnesses and analyzing the available evidence. They will also take the driver at fault's driving and cell phone records to see how they used their vehicle at the time of the accident. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was on the job, since this could affect their ability to pay your damages.
As part of the discovery procedure, your lawyer will also inquire about the defendant's criminal and traffic offence records. 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 and obtaining the medical records, your lawyer can begin negotiations for settlement. The insurance company will often make an initial offer that is much less than the amount you requested in your letter. This is a way to determine the strength of your case. In the counteroffer, it is crucial to highlight the most powerful arguments in your favor, for instance, that the insured was at fault and that you suffered serious injuries that resulted in high medical costs. Then, bargaining back and forth should result in an amount that is both reasonable and fair.
A skilled lawyer for accidents can effectively argue your claim's merits including presenting proof to support your losses. This may include photos of the car's damage as well as a police report and witness testimony. We also know how to calculate the value of different elements of your claim, including lost income and pain and suffering.
If at this point the insurance company continues to refuse to provide a reasonable amount, we can decide to file a lawsuit in court. A trial usually lasts for up to two days and can be heard by an individual judge (called a bench trial) or jurors. If your case settles prior to this phase it could take several months. Your lawyer may also be able to file a summary motion for judgment. This involves asserting all of the evidence in your favor and arguing that it's impossible for the other side to prevail.
Filing a Lawsuit
In the majority of car crash instances, parties can resolve their disagreement without going to court. Our team will work to help you negotiate an agreement with the insurance company, or directly with the party at fault. However, if there is no agreement the lawyers of our firm will initiate an action against the defendant. The Complaint will detail your claims and details about the circumstances of the crash and the reason you should be compensated. The defendant is served the Complaint and given a specific period of time to reply.
The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, focusing on what they believe happened, how they believe it occurred and the injuries you have suffered. We will also seek experts to back our assertions.
During the discovery phase, your lawyer could make legal motions to the court for a judge's ruling on. This may include requests for the court to exclude certain 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. It's crucial to consult with an experienced Long Island auto accident attorney as early as you can in the process.