The Intake Process for Car Accident Litigation

A lawyer with experience in the field of car morrisville auto accident attorney litigation will be able to help you determine the potential strength of your case and the amount of settlement you can get. This is only possible when all the information you need is available.

Discovery is the first stage of a car accident case. In this phase, attorneys and their teams exchange documents and ask questions under the oath.

Documentation

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

The first document you should have is a police report. The police officer who arrives at the scene of an manasquan auto accident attorney will usually write a report. It will provide important details about the incident and the person responsible for it.

Your lawyer can also make use of the law enforcement report to gather additional evidence if required. If the accident occurred in an office for instance employees may have recorded video footage. If this is the case, you must request a copy of the video from the business.

Keep track of any expenses you incur as a result of the accident. Document all expenses you have incurred as a result of. These could include medical bills, records of your treatment, receipts from medication rental car fees, in-home assistance or care expenses for transportation, and more. Additionally, you must record any income loss because of your injury. You can utilize old tax returns and pay stubs.

If you can, get the names of witnesses to the incident as well. They can be important sources of information in your case, particularly when they can testify at trial. However, it is important to keep in mind that witnesses can change their testimony over time and forget details of the accident.

Intake and Investigation

If you've filed a claim with an insurance company or are preparing an action against the at-fault driver, the process of intake is essential for obtaining an adequate and fair settlement for your injuries from a crash. Your lawyer will begin by looking over your medical records, obtaining copies accident reports and other evidence. They will also visit and document the accident scene.

This information will allow them to determine the extent of your injuries both in terms of future and current costs for your physical and emotional suffering. They will then review your existing and expected financial losses to determine the value of your case. Your damages can include not only your current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and reviewing all available evidence. They will also obtain the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the crash. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was working while working, as this could negatively impact their ability to cover your damages.

As part of the discovery procedure the lawyer will ask about the defendant's criminal and traffic conviction records. These details are generally not admissible in court, but they could be helpful to undermine the credibility of the defendant during cross examination.

Negotiating a Settlement

After receiving the medical records, you are able to begin settlement negotiations. Initially, the insurance company will offer an offer which is usually much lower than what you demand in the letter. This is a way 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, that the insured was at blame and that you were afflicted with serious injuries that resulted in high medical expenses. Then, the back and forth negotiation should get you to an amount that is reasonable and fair.

A skilled attorney can successfully argue for your claim's merits, by presenting evidence to justify your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to calculate the value of each element of your claim, such as loss of income, suffering and pain.

If the insurance company is unwilling to pay a reasonable amount at this point, we may bring a lawsuit. A trial usually lasts between one and two days and is conducted by an attorney or a jury. If your case is settled before this stage it could take a few months. Your attorney may also be able to file a summary motion to dismiss. This is where you present all the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing a Lawsuit

In a majority of cases involving car accidents, the parties can resolve their disagreement outside of court. Our team can help you negotiate with the insurance company of the other driver or directly with the person at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your claims and allegations regarding the cause of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a specified period of time to reply.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of the events, such as how they believe the crash happened and what injuries you've suffered. We will also seek expert opinions that support our position.

During the discovery phase, your lawyer could file legal documents known as motions to the court for the decision of a judge. This can include requesting the court to omit evidence or schedule a trial. It can take a year or more to complete the process of discovery and to set an appointment date for your case. It is crucial to talk with an experienced Long Island superior auto Accident attorney accident attorney at the earliest possible point in the process.