The Intake Process for Car Accident Litigation
A lawyer that specializes in litigation involving car accidents can help you determine the strength of your case is and also how the settlement you receive could be worth. This is only possible when all the information you need is available.
Discovery is the first step of an auto accident case. In auto accident lawyer flint , attorneys and their teams exchange documents and discuss their respective cases under oath.
Documentation
The majority of the work involved in a car accident case is collecting evidence. This could include evidence such photographs, medical records or witness statements. The more evidence you have the more convincing your case will be.
A law enforcement report is the primary document you need. The police officer who arrives at the scene is likely to prepare a written report. It will give valuable information about the accident and the person responsible for it.
Your lawyer may also utilize a law enforcement report to gather additional evidence if necessary. For example, if the accident happened in a business the employee who worked at that location may have recorded video footage of the incident. If this is the case a copy of the tape should be requested from the business as soon as is possible.
You should also keep track of any expenses you incurred in the aftermath of the accident. This could include medical bills, records of your treatment, receipts from medications rental car expenses as well as in-home assistance or care expenses for transportation, and more. In addition, you should document any lost income because of your accident. This could include old pay slips and tax returns.
If you are able to, request the names of any witnesses to the accident as well. These people may be able to provide valuable information, especially if you are able to get them to be a witness in court. It's important to remember that witnesses may change their story and forget details about the accident over time.
Intake and Investigation
If you've filed an insurance company or are preparing an action against an at-fault driver, the intake process is essential to receive the fair and complete compensation you deserve for your injuries from a crash. Your attorney will begin by looking over your medical records, and obtaining copies of accident reports and other evidence. They will also go to and document the scene of the accident.
This will help them to comprehend the extent of the injuries you've sustained as well as the cost and projections for your physical or emotional suffering. They will then look over your existing and expected financial losses to estimate the value of your case. The damages you suffer could include not only future and ongoing medical expenses, but also your loss of income as well as property damage.
Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also gather the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the accident. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle, or any other indication that the driver was on the clock.
As part of the process of discovery Your lawyer will ask about the defendant's traffic and criminal conviction records. These information is generally not admissible but could be used to undermine the defendant's credibility during cross-examination.
The process of negotiating a settlement
After receiving the medical records, you are able to start settlement negotiations. Initially, the insurance company will present an offer that's usually considerably lower than what you requested in your letter. This is a method to test how convincing your argument is. In the counteroffer, you must be crucial to highlight the most powerful points in your favor - for example, the insured was fully at fault and that you suffered serious injuries that resulted in high medical expenses. The process of negotiating back and forth should eventually lead to an acceptable and reasonable amount.
An experienced accident lawyer can effectively argue the merits of your claim, including presenting evidence that supports your losses. This may include photos of the damage to your car or a police report, as well as witness testimony. We know how to calculate various elements of your claim, such as loss of income as well as pain and suffering, and police reports.
At this point, if the insurance company is still refusing to offer a reasonable amount, we can choose to bring a lawsuit to court. A trial usually lasts one or two days and is supervised by a judge (called a bench trial) or by a jury. If your case is settled prior to reaching this phase the process could last months. Your attorney may be capable of filing a motion for summary judge. This means presenting all of the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.
Filing an action
In the majority of cases involving car accidents, the parties can resolve their disputes outside of court. Our team will help you negotiate an agreement with the insurance company of the other driver company or directly with the person at fault. However, if there is no agreement our lawyers will bring an action against the defendant. The Complaint contains your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served with the Complaint, and given a certain amount of time to answer.
During the discovery phase, our attorneys will share documents and other evidence with the defendant, while asking questions via interrogatories or depositions. Our team will ask questions to the defendant's lawyer about their version of the events, including what injuries you have suffered and what they believe happened. happened. We will also seek out expert opinions to support our position.
During the discovery phase, your lawyer may submit legal documents, also known as motions with the court to be ruled on by an individual judge. This could mean asking the judge to exclude evidence or schedule a trial. It can take a 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.