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The Intake Process for Car Accident Litigation

An experienced lawyer in car accident litigation will be able to assist you determine the potential strength of your case and how much settlement you could get. However this is only possible with all the relevant information.

Discovery is the very first step of an auto accident case. During this stage, attorneys and their teams will exchange documents and ask questions under an oath.

Documentation

A lot of the work involved in a car crash case is collecting evidence. This may include evidence such as medical records, photos, or witness statements. The more evidence you have, the more convincing your case will be.

A law enforcement report is the primary document you should have. The police officer who arrives at the accident scene will usually prepare a report. This report will provide important details about the incident and the person responsible for it.

Your lawyer can also make use of an official report from law enforcement to seek additional evidence if necessary. For instance, if the incident occurred in a business where employees were present, the location may have recorded footage of the incident. If that's the case, the tape must be requested from the company as soon as possible.

You should also document the costs you have incurred as a result of the accident. This can include medical bills, records of your treatment, medication receipts rental car fees and in-home care or assistance transport costs, and many more. Additionally, you must document any lost income due to your accident. You can use old tax returns and pay stubs.

If you can, collect the names of witnesses to the accident as well. They may be able to give valuable information, especially if can convince them to appear in court. It is important to keep in mind that witnesses may change their narratives and forget specifics about the accident over time.

Intake and Investigation

The intake process is essential to obtaining fair compensation for your accident injuries regardless of whether you've submitted an insurance claim or are suing the party at fault. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

This information will enable them to determine the severity of the harm you've suffered, both in terms future and current costs for your physical or emotional suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. The damages you incur could comprise not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing all available evidence. They will also take the driving and cell phone records of the drivers who were at fault to determine if they were using their vehicle during the time. This is especially important if there was a collision involving an Uber or Lyft car or any other indication that the driver was on the clock.

In addition your attorney may inquire regarding the defendant's prior criminal and traffic offense history in the discovery process. These details are generally not admissible in court but they can be useful to impeach the defendant's credibility during cross examination.


Negotiating a Settlement

After you have received your medical records, you're able to begin settlement negotiation. The insurance company will often make an initial offer that is much less than the amount you demanded in your letter. This is a strategy to see how strong your argument is. In the counteroffer, it's important to emphasize the strongest arguments in your favor, for example, the insured was entirely at blame and that you were afflicted with severe injuries with the highest medical costs. In the end, negotiations back and forth should result in an amount that is fair and reasonable.

An experienced accident lawyer can effectively argue for the merits of your case, by presenting evidence to prove your losses. This could include photographs of the damage to your car along with a police report as well as witness testimony. We also know how to determine the value of various elements of your claim, such as lost income and suffering and pain.

If the insurance company is unwilling to pay an appropriate amount at the moment, we can bring a lawsuit. A trial usually lasts up to two days and is supervised by a judge (called a bench trial) or by a jury. If your case is settled before this stage it can take a few months. Your attorney might also be able to file a summary motion to enter judgment. This is a way of claiming that all evidence is in your favor and arguing that it's impossible for the other side to win.

Filing an action

In the majority of car crash cases, the parties can settle their dispute outside of court. auto accident lawyer glendale can help you negotiate with the insurance company of the other driver or directly with the driver at fault. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint will contain your claims and allegations relating to the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specific amount of time to answer.

During the discovery phase, our lawyers will share documents and other information with the defendant and ask questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions about their view of events, including how they believe the crash occurred and the injuries you've suffered. We will also solicit expert opinions that support our position.

During the process of discovery, your lawyer may submit legal documents, also known as motions to the court to a judge's decision on. This can include requests for the court's decision to exclude certain evidence or to schedule the date for a trial. It can take a year or more to complete the process of discovery and to set a trial date for your case. This is why it's vital to find a knowledgeable Long Island car accident attorney at the beginning of the process.