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The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to help you determine the worth of your case and the amount of settlement you can get. But it is only possible when you have all the relevant information.

Discovery is the initial step of an mayfield heights auto accident law firm accident case. During this phase, attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a major element of an lansdowne Auto accident attorney accident. This can include evidence like photographs, medical records or witness statements. The more evidence you have, the better your case will be.

The first piece of documentation you need is a police report. The police officer who arrives at the scene of an eagle auto accident law firm is likely to prepare a written report. It will give valuable details about the accident and who was responsible.

If necessary your lawyer has the option of using an investigation report to collect additional evidence. For example, if the incident occurred in a business or office, an employee working at the location may have recorded video footage of the incident. If this is the case, you must ask for a copy of the footage from the business.

Keep track of any expenses you incur due to the accident. This can include medical bills and records of your treatment, receipts from medication rental car charges, in-home care or assistance as well as transportation costs and many more. Additionally, you must document any lost income as a result of your accident. This can include old pay stubs as well as tax returns.

If you can, collect the names of any witnesses to the accident as well. These people can serve as important sources of information in your case, especially those who are able to be a witness in a trial. It's important to keep in mind that witnesses could alter their stories and forget details about the incident as time passes.

Intake and Investigation

The process of intake is vital to obtaining fair compensation for your injuries sustained in an accident regardless of whether you've filed an insurance claim or you are suing the person at fault. Your attorney will start by looking through your medical documents, and then obtaining copies accident reports and other available evidence. They will also visit and document the scene of the accident.

This information will help them comprehend the severity of your injuries as well as the future and projected costs for your physical and emotional suffering. Then, they'll review your financial losses in order to determine the value of your case. The damages you incur could include not only your current 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 collect the driver at fault's driving records and phone records to determine what they were doing with their vehicle at the time of the collision. This is particularly important if there was a collision involving an Uber or Lyft car, or any other evidence that suggests the driver was working around the clock.

As part of the discovery procedure, your lawyer will also ask about the defendant's criminal and traffic offence records. Generally speaking, these facts are not admissible in court, but they could be helpful to discredit the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have the medical records then your lawyer will begin negotiations on settlement. Initially, the insurance company will make an offer that is usually substantially lower than the amount you have requested in the letter. This is a way to test how convincing your case is. In the counteroffer, it's important to highlight the strongest points in your favor - for example, that the insured was entirely at the fault and that you sustained severe injuries with significant medical expenses. The process of negotiating back and forth should eventually lead to an appropriate and fair amount.

An experienced attorney can successfully argue the merits of your case, including presenting evidence to support your losses. This could include photos of the car damage, police reports, and witness testimony. We can calculate the various components of your claim like lost income along with pain and suffering as well as a police reports.

If the insurance company refuses to pay a reasonable amount at this point, we could file a lawsuit. A trial usually lasts for between one and two days. It is either heard by an individual judge (called a bench trial) or by jurors. If your case is settled before this point it could take several months. Your lawyer may also be able file a summary motion to dismiss. This involves arguing that all evidence is in your favor and arguing that it's impossible for the opposing side to win.

Filing a Lawsuit

In a majority of car accident cases, the parties can resolve 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. If an agreement is not reached our lawyers will bring an action against the defendant. The Complaint will list your claims and allegations about the circumstances of the crash and why you deserve compensation. The defendant is served the Complaint and given a set time frame to respond.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other evidence as they 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've sustained. We will also search for experts to back our claims.

During the discovery process your lawyer can file legal documents called motions to the court for a judge to decide on. This may include requests for the court's decision to exclude certain evidence or set the date for a trial. It can take as long as one year for the discovery process to be completed and a trial date to be set. This is the reason it's essential to partner with an experienced Long Island car accident attorney at the beginning of the process.