The Intake Process for Car Accident Litigation

A lawyer who has experience in the field of car accident litigation will be able to help you determine the strength of your case and the amount of settlement you can receive. But, this is only possible with all the necessary information.

Discovery is the initial step of an Clute Auto Accident Lawyer accident case. During this stage, attorneys and their teams exchange documents and discuss questions under an oath.

Documentation

A lot of the work involved in a car wreck investigation is gathering evidence. This could include evidence such as photographs, medical records, or witness statements. The more evidence you have the better your case will be.

The first document you should have is a report from the police. The police officer who arrives at the scene will typically prepare a report. This report will provide important details about the accident and the person responsible for it.

Your lawyer can also make use of the report of a law enforcement officer to gather additional evidence if required. For instance, if an accident happened in a business the employee who worked at that site might have recorded video footage of the incident. If this is the case, a copy of the tape must be requested from the business as soon as is possible.

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

If you are able, obtain the names of witnesses to the accident as well. These people can serve as important sources of information in your case, especially in the event that they are able to give evidence at trial. It's important to remember that witnesses can alter their story and forget details about the accident over time.

Intake and Investigation

If you have filed an insurance claim with an company or are preparing a lawsuit against an at-fault driver, the intake process is essential for obtaining the full and fair amount of compensation for the accident injuries. Your lawyer will begin by looking over your medical records and then obtaining copies of accident reports and other evidence. They will also visit and document the indio auto accident lawsuit scene.

This information will allow them to understand the extent of your injuries as well as the future and projected costs for your physical and emotional suffering. They will then review your existing and expected financial losses to determine the total value of your case. Your damages 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 data from the cell phone and driving records of the driver at fault in order to determine how they operated their vehicle during the time. This is particularly important when there was a collision with an Uber or Lyft car or any other indication that the driver was working on the clock.

As part of the process of discovery the lawyer will inquire about the defendant's criminal and traffic record of offenses. These facts are usually not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After you have obtained the medical records and obtaining the medical records, your lawyer can begin negotiations for settlement. Initially the insurance company will present an offer that's usually considerably lower than what you request in the letter. This is a method to determine how strong your case is. In your counteroffer, it's essential to highlight the most compelling points you have in your favor. For instance, you could argue the insurer was at fault and that there were serious injuries and significant medical expenses. Eventually, the back and forth negotiation should get you to an amount that is fair and reasonable.

A skilled attorney for accidents can effectively argue the merits of your claim, including presenting evidence that supports your losses. This may include photos of the car's damage or a police report, as well as witness testimony. We are able to determine the various elements of your claim such as lost income, pain and suffering and police report.

If, at this point, the insurance company is still refusing to offer a fair amount, we can choose to bring a lawsuit to court. A trial usually lasts for up to two days and is either heard by an individual judge (called a bench trial) or by a jury. If your case is settled prior to this phase it could take several months. Your attorney may also be able to file a summary motion for judgment. This involves arguing that all evidence is in your favor and arguing that it is impossible for the opposition to prevail.

Filing an action

In the majority of car accident instances, parties can resolve their disputes without going to 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 a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will contain your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint, and given a certain time frame to respond.

The discovery stage is when our lawyers and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including what they believe happened, how they believe it occurred and what injuries you have suffered. We will also solicit expert opinions that support our position.

During the discovery process, your lawyer can make legal motions to the court for a judge to rule on. This can include requests for the court to omit certain evidence or to schedule a trial date. It could take a full year or more to complete the discovery process and determine the trial date for your case. This is the reason it's essential to consult with a seasoned Long Island car accident attorney early in the process.