The Intake Process for Car Accident Litigation
A lawyer with experience in the field of car accident litigation will be able to assist you determine the strengths of your case as well as the amount of settlement you could receive. This is only possible when all the information you need is available.
Discovery is the very first step of an auto accident case. In this phase, attorneys and their teams discuss documents and answer questions under the oath.
Documentation
Documentation is an integral aspect of the investigation in an accident. This could be evidence like medical records, photos or witness statements. The more evidence you have to support your claim, the more convincing your case will be.
A law enforcement report is the first document you need. The police officer who arrives at the accident scene will usually write a report. It will provide important details about the incident and who was responsible.
Your lawyer may also utilize an official report from law enforcement to seek additional evidence if required. For example, if the incident took place in a commercial the employee who worked at that area may have recorded video footage of the incident. If this is the case, the tape must be requested from the company as soon as is possible.
Record any expenses you have incurred in the aftermath of the accident. Document any expenses you incurred due to. This could include medical bills and records of your treatment, receipts for medications, rental car fees and in-home assistance or care transport costs, and more. Also, you should document any income loss due to your injury. You can use your old tax returns and pay stubs.
If you are able, obtain the names of any witnesses to the accident as well. They might be able to provide valuable information, especially if can convince them to appear in court. But, it's important to keep in mind that witnesses are prone to altering their testimony over time and may forget details of the incident.
Intake and Investigation
If you have filed an insurance company or have started legal action against a negligent driver, the process of intake is essential to receive an adequate and fair settlement for your crash injuries. Your attorney will begin by examining your medical records, as well as obtaining copies of accident reports and other evidence. They will also go to the scene of the crash to take note of what they can.
This information will assist them understand the extent of your injuries as well as the future and current costs for your physical and emotional suffering. They will then review your financial losses to determine the worth of your case. auto accident attorneys santa maria can include not only your present and future medical expenses as well as lost income and property damage.
Your lawyer will also conduct an investigation and interview witnesses and analyzing all available evidence. They will also gather the at-fault driver's driving and cell phone records to see how they used their vehicle at the time of the accident. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, as this could affect their ability to pay your damages.
Additionally, your attorney will likely ask questions about the defendant's past criminal and traffic convictions in the discovery process. These facts are usually not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
Once you have received the medical records, you can begin settlement negotiations. Initially the insurance company will present an offer that is often much lower than what you requested in your letter. This is a way to see how strong your case. In the counteroffer, you must be crucial to highlight the most powerful arguments you have in your favor - for instance, that the insured was at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. In the end, a lot of back and forth bargaining will lead to an amount that is both reasonable and fair.
A skilled lawyer for accidents can successfully argue your claim's merits, by presenting evidence to justify your losses. This may include photos of the car's damage as well as a police report and witness testimony. We have the ability to calculate the various components of your claim like loss of income as well as pain and suffering, and police reports.
If, at this point, the insurance company continues to refuse to offer a fair amount, we can choose to file a lawsuit in court. A trial usually lasts between one and two days, and is judged by an attorney or a jury. If your case settles prior to reaching this stage it could take months. Or, your lawyer may be in a position to file a motion for summary judgement. This involves asserting that all evidence is in your favour, and arguing that it's impossible for the opponent to prevail.
Filing a Lawsuit
In the majority of car accident cases, the parties can resolve their disagreement outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the driver who was at fault. However, if an agreement is not reached Our lawyers will file an action against the defendant. The Complaint outlines your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular timeframe 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 regarding their perspective on the events, such as how they believe the crash took place and what injuries you've sustained. We will also request expert opinions that support our position.
During the discovery process, your lawyer could submit legal documents known as motions to the court for a judge's ruling on. This could include asking the court to exclude evidence or set a trial date. It could take a full year or more to complete the process of discovery and to set the date of trial for your case. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible during the process.