The Intake Process for Car Accident Litigation

A lawyer that specializes in car accident litigation can help you determine how strong your case is and how much your settlement could be worth. But this is only feasible if you have all the necessary information.

Discovery is the first step of an silvis auto accident attorney accident case. During this phase attorneys and their teams exchange documents and discuss questions under the oath.

Documentation

A lot of the work involved in a car wreck case is obtaining documentation. This could include evidence such photographs, medical records or witness statements. Generally, the more documentation you have to support your claim the stronger your argument will be.

The first piece of evidence that you must have is a law enforcement report. The police officer who arrives at the accident scene is likely to prepare a written report. It will provide important details about the incident and who was responsible for it.

Your attorney may also make use of the law enforcement report to pursue additional evidence if necessary. For instance, if the incident took place in a commercial or office, an employee working at the location may have recorded footage of the incident. If that's the case, the tape must be requested from the business as soon as it is possible.

You should also document the expenses you incur due to the accident. This could include medical bills and records for your treatment, receipts for medications rental car expenses as well as in-home care or assistance as well as transportation costs and much more. Additionally, you must document any lost income due to your accident. This can include old pay stubs and tax returns.

It is also advisable to find the names of witnesses. These witnesses can be valuable sources of information for your case, particularly those who are able to give evidence at trial. It is important to keep in mind that witnesses may alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

The intake process is critical to getting fair compensation for your accident injuries, whether you have submitted an insurance claim or you are suing the person at fault. Your lawyer will begin by looking over your medical records and then obtaining copies accident reports and other evidence. They will also go to and document the scene of the accident.

This will help them understand the extent of your injuries in relation to future and projected costs for your emotional and physical suffering. They will then review your financial losses to estimate the value of your case. The damages could include not just your current and future medical expenses but also lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also obtain the driving and cell phone records of the driver at fault in order to determine how they operated their vehicle during the time. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was at work, as this could impact their ability to pay your damages.

In addition, your attorney will likely inquire about the defendant's criminal and traffic-related offenses in the discovery process. These details are typically not admissible, however they can be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you have received your medical records, it is possible to start settlement negotiations. In the beginning the insurance company may make an offer that is usually much lower than what you requested in your letter. This is a method to determine the credibility of your argument. In the counteroffer, it is important to emphasize the strongest arguments you have in your favor - for example, that the insured was fully at the fault, and that you suffered severe injuries with significant medical expenses. Then, negotiations back and forth will lead to an amount that is reasonable and fair.

A skilled attorney for accidents can effectively argue the merits of your claim by presenting evidence to prove your losses. This could include photos of vehicle damage, police reports and witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, suffering and pain.

If the insurance company is unwilling to pay an acceptable amount at this point, we could bring a lawsuit. A trial usually lasts for about two or three days and can be heard by an individual judge (called a bench trial) or by a jury. If your case settles before this point it could take a few months. Or, your lawyer may be eligible to file a motion for summary judge. This involves asserting all of the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of car crash cases parties can resolve their disagreement without the need for court. Our team will work to help you negotiate a settlement with the insurance company or directly with the at-fault party. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will list your assertions and allegations regarding how the accident occurred and why you are entitled to compensation. The defendant will be served the Complaint and given a specific period of time to respond.

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 pose questions to the defendant's lawyer about their perspective on the events, focusing on what damages you've suffered and what they believe happened. took place. We will also seek experts to back our assertions.

During the discovery phase, your lawyer could make legal motions to the court to a judge's decision on. This may include requests for the court to block certain evidence, or to set an appointment for trial. It can take up one year for the investigation process to be completed and a trial date set. It's crucial to consult with an experienced Long Island Perryton auto accident Lawsuit accident attorney as early as possible in the process.