The Main Problem With Auto Accident Claim, And How You Can Resolve It
The Intake Process for Car Accident Litigation
A lawyer with expertise in the area of car accident litigation will assist you in determining how strong your case is as well as how the settlement may be worth. But it is only possible when you have all the information needed.
Discovery is the first stage of an auto accident case. During this phase attorneys and their teams will communicate with each other and ask questions under oath.
Documentation
The majority of the work involved in a car crash case is collecting evidence. This can include evidence like medical records, photos or witness statements. The more documentation that you have, the more convincing your case will become.
A police report is the first document you should have. Typically the police officer that comes to the scene of the accident will write the report, and it will provide crucial information on the circumstances of the crash and who was responsible for the incident.
If required you need to, your attorney can make use of the police report to gather additional evidence. For auto accident lawsuit arlington , if an incident occurred in a business or office, an employee working at the site might have recorded footage of the incident. If this is the case, the tape must be requested from the company as soon as it is possible.
You should also document the costs you have incurred due to the accident. This could include medical expenses as well as records of your treatment, medication receipts rental car fees for in-home assistance, care at home expenses for transportation, and more. Additionally, you must document any lost income because of your accident. You can utilize old tax returns and pay stubs.
If you are able to, request the names of witnesses to the accident as well. They could be valuable sources of information for your case, particularly when they can be present at trial. It's important to keep in mind that witnesses can alter their story and forget details about the incident over time.
Intake and Investigation
If you've made a claim with an insurance company or have started an action against the at-fault driver, the process of intake is essential for obtaining the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will start by reviewing your medical records, and obtaining copies of accident reports and other available evidence. They will also visit the site of the accident to take note of what they can.
This information will allow them to comprehend the extent of the harm you've suffered in terms of current and projected costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to determine the total 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, including interviewing any witnesses and analyzing the available evidence. They will also collect the driver who was at fault and their driving cell phone records to see the way they used their vehicle at the time of the crash. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the job, since it could affect their ability to pay your damages.
In addition your attorney may ask questions about the defendant's past criminal and traffic convictions during the discovery process. Generally speaking, these facts are not admissible in court, however they could be helpful to discredit the credibility of the defendant during cross-examination.
Negotiating a Settlement
After obtaining the medical records after which your lawyer can start negotiations for settlement. The insurance company will typically make an initial offer that is less than what you requested in your letter. This is an opportunity to assess the strength of your case. In the counteroffer, you must be crucial to emphasize the most important arguments for your side - for example, that the insured was entirely at the fault, and that you suffered severe injuries with the highest medical costs. Negotiating back and forth will eventually lead to a fair and reasonable amount.
A skilled accident lawyer can effectively argue your claim's merits, by presenting evidence to justify your losses. This could include photos of vehicle damages, police reports and witness testimony. We also know how to calculate the value of each element of your claim, like lost income and pain and suffering.
If, at this point, the insurance company refuses to offer a fair amount, we have the option to make a claim in court. A trial typically lasts between one and two days. It is supervised by an individual judge (called a bench trial) or a jury. If your case settles prior to this phase it could take several months. Alternatively, your attorney may be capable of filing an application for summary judgment. This means presenting all of the evidence in your favor and arguing that it is impossible for the opposing side to win.
Filing a Lawsuit
In the majority of car crash cases, the parties can resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the driver who is at fault. However, if there is no agreement the lawyers of our firm will bring an action against the defendant. The Complaint contains your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served the Complaint and given a specified time frame to respond.
The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will inquire to the defendant's lawyer about their interpretation of the events, such as what injuries you've suffered and how they believe it took place. We will also request expert opinions that enforce our position.
During the discovery phase, your lawyer may submit legal documents, also known as motions in court for the decision of a judge. These could include requests to the court's decision to exclude certain evidence or to set a trial date. It could take up to one year for the investigation process to be completed and a trial date set. It's crucial to consult with an experienced Long Island auto accident attorney as early as you can in the process.