The Intake Process for Car Accident Litigation

A lawyer with expertise in litigation involving car accidents can help you determine the strength of your case is, and how the settlement might be worth. This is only possible when all the information you need is available.

The first step in a car accident lawsuit is called discovery. During this phase attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is an integral aspect of the investigation in a car accident. This could include evidence like photos, medical records, or witness statements. The more documentation that you have the better your case will be.

The first piece of evidence you need is a report from the police. Typically the police officer who arrives at the scene of the middletown auto accident lawsuit will prepare a report, and this will provide important information about the circumstances of the crash and who was at fault for the incident.

Your lawyer can also make use of an official report from law enforcement to pursue additional evidence, if needed. For instance, if the incident occurred in a business where employees were present, the location might have recorded video footage of the incident. If this is the case the tape should be requested from the company as soon as possible.

Note any costs you have incurred because of the alamosa auto accident lawsuit. This can include medical bills and records for your treatment, receipts for medication rental car expenses as well as in-home care or assistance transport costs, and many more. It is important to record any income loss due to your accident. You can use old tax returns and pay stubs.

You should also try to get the names of witnesses. They might be able to provide valuable information, particularly if you are able to get them to be a witness in court. It is important to keep in mind that witnesses can alter their story and forget details about the incident as time passes.

Intake and Investigation

The intake process is critical in obtaining fair compensation for your accident injuries, whether you have filed an insurance claim or are suing the party at fault. Your attorney will start by looking over your medical treatment records, obtaining copies of accident reports as well as other evidence. They will also go to the scene of the accident to record and observe what they can.

This will allow them to comprehend the extent of injuries you have suffered, both in terms future and current costs for your physical or emotional suffering. They will then review your financial losses to estimate the total value of your case. The damages you suffer could include not only current and future medical expenses, but also your lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also take the driving and cell phone records of the driver at fault in order to determine how they used their vehicle at that time. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other indicator that the driver was working while working, as this could affect their ability to pay your damages.

As part of the discovery procedure, your lawyer will also ask about the defendant's criminal and traffic offense records. These facts are usually not admissible, but can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After receiving the medical records, you're able to start settlement negotiations. The insurance company may make an initial offer that is much less than what you requested in your letter. This is a tactic to assess how strong your case is. In the counteroffer it is crucial to emphasize the most important points in your favor - for instance, that the insured was entirely at the fault, and that you suffered serious injuries that resulted in the highest medical costs. Negotiating back and forth will eventually lead to an equitable and reasonable amount.

An experienced accident lawyer can effectively argue for the merits of your case, including presenting evidence to support your losses. This may include photos of the car damage along with a police report as well as witness testimony. We can calculate the various components of your claim such as lost income or pain and suffering, as well as police report.

If the insurance company refuses to pay an amount that is reasonable at this point, we could file a lawsuit. A trial usually lasts about two or three days and can be heard by a judge (called a bench trial) or by jurors. If your case is settled before reaching this stage the process could take months. Your attorney may also be able to file a summary motion for judgment. This means claiming that all evidence is in your favor and arguing that it's impossible for the opponent to win.

Filing an action

In the majority of car crash cases, the parties are able to settle their disputes without the need for court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver who was at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will list your claims and details about how the accident occurred and the reason you should be compensated. The defendant is served with the Complaint, and given a specified time frame to respond.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will be asking questions to the defendant's lawyer about their perspective on the events, including what injuries you've suffered and how they believe it took place. We will also seek out expert opinions that support our position.

During the discovery phase, your lawyer can file legal documents known as motions with the court for the decision of the judge. This can include requesting the court to exclude evidence or set a trial date. It can take a year or more to complete the discovery process and set the trial date for your case. It's crucial to consult with an experienced Long Island Pompton Lakes auto accident Lawyer accident attorney at the earliest possible point in the process.