The Intake Process for Car Accident Litigation
A lawyer with expertise in litigation involving car accidents can help you determine how strong your case is and how much your settlement could be worth. This is only possible if all the information you need is available.
The first step in a lawsuit involving a car accident is called discovery. During this phase attorneys and their teams exchange documents and discuss their respective cases under oath.
Documentation
Documentation is a major component of the event of a car crash. This can include evidence such as photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will become.
A police report is the very first document you need. Typically, the police officer who arrives at the scene of the accident will prepare the report, and it will give important details about the circumstances of the crash and who was responsible for the incident.
Your lawyer can also make use of a law enforcement report to seek additional evidence if required. For example, if the accident happened in a business, an employee at that location may have recorded video footage of the incident. If auto accident attorneys turlock is the case, you must seek a copy from the company.
You should also keep track of the expenses you incur due to the accident. These could include medical bills and records of your treatment, receipts from medication rental car costs home care or assistance transport costs, and much more. Additionally, you must document any lost income because of your accident. This could include old pay stubs and tax returns.
You should also try to obtain the names of witnesses. They could be valuable sources of information for your case, especially in the event that they are able to give evidence at trial. But, it's important to keep in mind that witnesses are prone to altering their stories over time and they may forget details about the incident.
Intake and Investigation
The process of intake is vital in obtaining an adequate amount of compensation for your accident injuries, whether you have made an insurance claim or are suing the responsible party. Your lawyer will begin by reviewing your medical records, obtaining copies of accident reports and other available evidence. They will also go to and document the scene of the accident.
This information will help them know the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then look over your existing and expected financial losses to determine the value of your case. Damages could include not only your current and future medical expenses but also lost income and property damage.
Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and reviewing any available evidence. They will also obtain the driving and cell phone records of the driver at fault in order to see how they used their vehicle during the time. This is especially important in the event that there was a collision that involved an Uber or Lyft car or any other evidence that suggests the driver was on the clock.
As part of the discovery procedure Your lawyer will inquire about the defendant's criminal and traffic record of offenses. Generally speaking, these facts are not admissible in court but they could be helpful to impeach the defendant's credibility during cross-examination.
Negotiating a Settlement
After you've obtained the medical documents after which your lawyer can start negotiations for settlement. The insurance company will often make an initial offer that is much smaller than the amount that you requested in your letter. This is a method to test the strength of your argument. In the counteroffer, you must be crucial to highlight the most powerful arguments for your side - for instance, that the insured was fully at the fault and that you sustained severe injuries with the highest medical costs. The process of negotiating back and forth should eventually result in a fair and reasonable amount.
A skilled accident attorney can effectively argue for the merits of your claim, by presenting evidence to prove your losses. This could include photos of the car damage, police reports, and witness testimony. We can calculate various aspects of your claim, such as lost income along with pain and suffering as well as a police report.
At this point, if the insurance company still refuses to offer a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is ruled on by jurors or a judge. If your case settles prior to this stage it could take a few months. Your attorney may be able to file a motion for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the other side to win.
Filing an action
In the majority of car accident cases, the parties are able to resolve their disagreement without going to court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver at fault. If no agreement is reached, our lawyers will file a suit against the defendant. The Complaint will list your claims and allegations regarding the circumstances of the crash and the reason you should be compensated. The defendant will be served the Complaint and given a particular timeframe to respond to it.
The discovery stage is when our attorneys and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, such as what they believe happened, how they believe it happened and what injuries you've suffered. We will also seek out expert opinions to support our position.
During the discovery phase, your lawyer may file legal documents known as motions in court for a decision by the judge. This may include requests for the court to exclude certain evidence, or to set the date for a trial. It could take up to a year for the discovery process to be completed and a trial date to be set. This is the reason it's essential to find a knowledgeable Long Island car accident attorney at the beginning of the process.