클잼 로고

• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

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 also how the settlement may be worth. This is only possible when all the information you need is available.

The initial step in a car crash lawsuit is called discovery. In this phase attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is a major component of an auto accident. This may include evidence like medical records, photos, or Auto Accident witness statements. Generally, the more documentation you can provide to support your claim the more convincing your case will be.

The first piece of documentation you should have is a police report. The police officer who arrives at the scene of an accident will usually prepare a report. This report will provide important details about the incident and who was responsible for it.

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 might have recorded video footage. If this is the situation, a copy of the tape should be requested from the business as quickly as it is possible.

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

You should also get the names of witnesses. They might be able to provide important information, especially if can convince them to be a witness in court. However, it's important to remember that witnesses are prone to altering their stories over time and could forget specific details about the accident.

Intake and Investigation

If you've filed an insurance claim with an firm or are beginning a lawsuit against an at-fault driver, the process of obtaining an intake is essential for obtaining the fair and complete compensation you deserve for the auto accident law firm injuries. Your attorney will begin by looking over your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to the scene of the crash to take note of what they can.

This information will help them determine the extent of your injuries as well as the future and projected costs for your physical and emotional suffering. Then, they'll review your current and future financial losses in order to determine the value of your case. Damages could include not only your present and future medical expenses but also income loss and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing all available evidence. They will also take the driver at fault's driving records and cell phone records to see how they used their vehicle at the time of the crash. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was at work, as this could affect their ability to pay your damages.

As part of the discovery process the lawyer will ask about the defendant's criminal and traffic offense records. These details are generally not admissible but could be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After obtaining the medical records, your lawyer can begin negotiations on settlement. The insurance company will typically make an initial offer that is much smaller than the amount that you demanded in your letter. This is a method to assess how strong your argument is. In the counteroffer, it is crucial to highlight the most powerful arguments you have in your favor - for instance, that the insured was entirely at fault and that you suffered severe injuries with high medical costs. Then, back and forth bargaining should result in an amount that is both fair and reasonable.

An experienced attorney will effectively argue the merits of your claim by presenting evidence to prove your losses. This may include photos of the car's damage as well as a police report and witness testimony. We also know how to determine the value of different elements of your claim, such as lost income and suffering and pain.

If the insurance company refuses to pay a reasonable amount at this point, we may make a claim. A trial usually lasts for one or two days and is either heard by an individual judge (called a bench trial) or by jurors. If your case settles prior to this stage it could take a few months. Alternatively, your attorney may be eligible to file a motion for summary judge. This involves asserting all of the evidence in your favor and arguing that it's impossible for the opposing side to win.

Filing an action

In the majority of car accident cases, the parties can resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims as well as allegations regarding the accident and why you are entitled to compensation. The defendant is served with the Complaint and given a specific period of time to reply.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their view of events, focusing on what they believe happened during the crash, as well as how they think it occurred and what injuries you've sustained. We will also seek out experts to back our claims.

During the discovery phase, your lawyer could make legal documents known as motions in court to be decided by the judge. This could include asking the court to omit evidence or set a trial date. It could take a full year or more to complete the process of discovery and to set the trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.