10 Quick Tips On Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with expertise in litigation involving car accidents can assist you in determining how strong your case is and also how much your settlement could be worth. This is only possible if all the information you need is available.

The initial step in a car accident lawsuit is known as discovery. In this phase, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

Documentation is a large element of a car accident. This can include evidence such as medical records, photos, or witness statements. Generally, the more documentation you have to support your claim the stronger your claim will be.

The first document that you must have is a police report. The police officer who arrives at the scene of the accident is likely to prepare a written report. This report will provide important information about the accident and the person responsible for it.

If required your attorney has to use an investigation report to collect additional evidence. If the accident occurred in a place of business for instance, an employee may have recorded video footage. If this is the case, a copy of the tape must be requested from the company as soon as is possible.

You should also document any expenses you incurred as a result of the accident. These could include medical bills and records of your treatment, receipts from medication, rental car charges, in-home assistance or care transport costs, and many more. Also, you should document any income loss due to your injury. This could include old pay slips and tax returns.

You should also try to get the names of witnesses. These people can serve as important sources of information in your case, particularly if they are able to be a witness in a trial. However, it is important to remember that witnesses can change their accounts over time, and forget details of the accident.

Intake and Investigation

Whether you have made an insurance company or are preparing legal action against a negligent driver, the process of obtaining an intake is essential to receive the fair and complete compensation you deserve for your injuries from a crash. Your attorney will start by looking over your medical treatment records, and obtaining copies of accident reports and other evidence. They will also visit the site of the crash to record and observe what they can.

This will help them determine the extent of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. They will then analyze your existing and expected financial losses to determine the value of your case. The damages could not be limited to only future and current medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and reviewing any available evidence. They will also take data from the cell phone and driving records of the driver at fault in order to see how they used their vehicle at that time. This is particularly important when there was a collision involving an Uber or Lyft vehicle, or any other indication that the driver was working on the clock.

In addition to this your attorney may ask questions regarding the defendant's prior criminal and traffic offense history in the discovery process. In general, these information are not admissible in court, however they can be useful to impeach the defendant's credibility during cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you're able to begin settlement negotiations. The insurance company will often make an initial offer that is smaller than the amount that you demanded in your letter. This is an opportunity to test the strength of your case. In the counteroffer it is important to highlight the strongest arguments for your side - for instance, that the insured was completely at the fault and that you sustained serious injuries that resulted in significant medical expenses. Eventually, negotiations back and forth should get you to an amount that is fair and reasonable.

A skilled accident lawyer can effectively argue your claim's merits, including presenting evidence to back your losses. This could include photos of the car damage, a police report and witness testimony. We also know how to calculate the value of different elements of your claim, such as lost income and suffering and pain.

At this point, if the insurance company continues to refuse to offer a reasonable amount, we have the option to file a lawsuit in court. A trial usually lasts about two or three days and is supervised by an individual judge (called a bench trial) or by jurors. If your case settles prior to this phase it can take a few months. Alternatively, your attorney may be able to file a motion for summary judgement. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of car accident cases, the parties can settle their dispute out of court. Our team will assist you negotiate with the insurance company of the driver who caused the auto accident law firms or directly with the party at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will list your claims and allegations regarding how the accident occurred and why you are entitled to compensation. The defendant will be served the Complaint and given a specified period of time to respond.

During the discovery phase, our lawyers will discuss documents and other evidence with the defendant, while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you have suffered. We will also seek out experts to back our assertions.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court for a decision by the judge. These could include requests to the court's decision to exclude certain evidence, or to set the date for a trial. It can take a whole year or more to complete the discovery process and establish the date of trial for your case. It is essential to speak with an experienced Long Island auto accident attorney as early as you can during the process.