The Intake Process for Car Accident Litigation
A lawyer that specializes in the area of car accident litigation will help you determine how solid your case is, and how much your settlement could be worth. This is only possible when all the information you require is available.
Discovery is the very first step of an auto accident case. During this stage, attorneys and their teams exchange documents and ask each other questions under swearing.
Documentation
Documentation is an integral part of the work in an auto accident. This may include evidence like photographs, medical records, or witness statements. The more documentation that you have, the better your case will be.
The first piece of evidence you should have is a law enforcement report. Typically the police officer that comes to the scene of the crash will prepare the report, and it will contain important information about what happened and who was at fault for the incident.
If required your lawyer has the option of using the police report to gather additional evidence. If the accident occurred in a place of business, for example, an employee may have recorded video footage. If this is the case, seek a copy from the company.
You should also record the expenses you incur as a result of the accident. This could include medical expenses or records of treatment, receipts from medication rental car expenses, in-home assistance or care expenses for transportation, and more. You should also document the loss of income due to your accident. This can include old pay slips and tax returns.
auto accident lawsuit pasadena should also get the names of witnesses. These witnesses can be valuable sources of information for your case, especially in the event that they are able to be present at trial. It's important to remember that witnesses could alter their stories and forget details about the accident over time.
Intake and Investigation
The process of intake is vital to receiving fair settlement for your accident-related injuries regardless of whether you've filed a claim with an insurance company or are suing the at-fault party. Your attorney will start by reviewing your medical treatment documents, and then obtaining copies accident reports and other available evidence. They will also go to the scene of the accident to record and observe what they can.
This information will assist them comprehend the severity of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. They will then look over your financial losses to determine the value of your case. Your damages can comprise not only your current and future medical expenses but also lost income and property damage.
Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also collect data from the cell phone and driving records of the drivers who were at fault to determine how they operated their vehicle at that time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was at work, as this could negatively impact the ability of them to pay damages.
Additionally, your attorney will likely ask questions regarding the defendant's prior criminal and traffic offense history during the discovery process. These details are generally not admissible, but they could be used to undermine the defendant's credibility during cross-examination.
The process of negotiating a settlement
After you've obtained the medical documents after which your lawyer can start negotiations on settlement. Initially, the insurance company will offer an offer that's usually significantly lower than the amount you requested in your letter. This is a way to test the strength of your case. In your counteroffer, it is crucial to highlight the most powerful arguments in your favor. For example, that the insurer was in the wrong and that there were severe injuries and the medical costs were high. Negotiating back and forth should eventually lead to an equitable and reasonable amount.
An experienced accident lawyer can effectively argue your claim's merits, by presenting evidence to justify your losses. This could include photos of the car damage, police reports and witness testimony. We also know how to determine the value of each element of your claim, like lost income and suffering and pain.
If, at this point, the insurance company is still refusing to provide a reasonable amount, we have the option to make a claim in court. A trial usually lasts for one or two days and is usually ruled by a judge (called a bench trial) or jurors. If your case settles prior to reaching this phase the process could last months. Your lawyer may also be able to file a summary judgment motion. This involves arguing that all evidence is in your favor and arguing that it's impossible for the opposition to win.
Filing a Lawsuit
In a majority of car accident cases parties are able to resolve their disagreement outside of court. Our team will work to assist you in negotiating an agreement with the insurance company of the other driver company, or directly with the at-fault party. If an agreement is not reached, our attorneys will file a suit 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 set period of time to reply.
The discovery stage is when our lawyers and the defendant will begin to exchange documents and other evidence in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, such as how they believe the crash occurred and the injuries you've suffered. We will also seek out expert opinions to support our position.
During the discovery phase, your lawyer could prepare legal documents referred to as motions to the court to be ruled on by a judge. This may include requesting the judge to exclude evidence or schedule a trial. It can take up one year for the investigation process to be completed and a trial date established. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible in the process.