13 Things You Should Know About Auto Accident Claim That You Might Not Have Known
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 also how the settlement may be worth. This is only possible if all the information you require is available.
Discovery is the first stage of a car accident case. In this stage, attorneys and their teams will discuss documents and answer questions under the oath.
Documentation
The majority of the work involved in a car crash case is obtaining documentation. This could be evidence like medical records, photos or witness statements. The more evidence you have the more convincing your case will become.
A police report is the very first document you need. The police officer who arrives at the scene will typically prepare a report. It will give valuable information regarding the accident as well as the person responsible for it.
If necessary your attorney has to use a police report to gather additional evidence. If the incident occurred in a place of business such as a place of business, an employee may have recorded video footage. If this is the case, a copy of the tape must be requested from the business as soon as it is possible.
Document any expenses you incurred in the aftermath of the accident. This can include medical bills or records of treatment, receipts from medication rental car fees, in-home assistance or care expenses for transportation, and more. Additionally, you must record any income loss as a result of your injury. This could include old pay stubs, as well as tax returns.
If you are able to, request the names of any witnesses to the incident as well. They can be important sources of information in your case, particularly if they are able to give evidence at trial. It is important to remember that witnesses may change their narratives and forget specifics about the accident over time.
Intake and Investigation
If you've made a claim with an insurance company or are starting an action against an at-fault driver, the process of obtaining an intake is essential to receive the fair and complete compensation you deserve for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical records, as well as obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the accident.
auto accident lawyer kenner will assist them know the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. They will then review your current and future financial losses in order to determine the worth 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 by interviewing witnesses and analyzing all available evidence. They will also gather driving and cell phone records of the drivers at fault to determine how they used their vehicle during the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working, as this could negatively impact their ability to pay for your damages.
As part of the discovery procedure as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal record of offenses. These information is generally not admissible, but can be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
After you've obtained the medical documents then your lawyer will begin negotiations on settlement. The insurance company may make an initial offer that is much less than the amount you demanded in your letter. This is a method to assess the strength of your argument. When you counteroffer, it's essential to highlight the most compelling arguments to your advantage. For instance, you could argue that the insurance company was in the wrong and that there were serious injuries and the medical costs were high. In the end, a lot of negotiations back and forth should result in an amount that is both reasonable and fair.
A skilled accident lawyer can successfully argue your claim's merits, including presenting evidence to prove your losses. This could include photos of the damage to your car or a police report, as well as witness testimony. We also know how to calculate the value of various elements of your claim, including lost income and suffering and pain.
At this point, if the insurance company still refuses to provide a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is conducted by an attorney or a jury. If your case settles before reaching this stage the process could take months. Your lawyer may also be able to file a summary motion for judgment. This involves asserting that all evidence is in your favor, and arguing that it's impossible to allow the opposing side to win.
Filing an action
In the majority of car accident cases parties are able to resolve their disagreement outside of court. Our team will work to help you negotiate a settlement with the insurance company or directly with the at-fault party. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint will include your claims and allegations about how the crash occurred and the reasons you are entitled to compensation. The defendant is served the Complaint, and given a set amount of time to respond.
During the discovery phase, our attorneys will share documents and other materials 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 what they believe happened, how they believe it occurred and the injuries you've suffered. We will also seek out expert opinions that enforce our position.
During the discovery phase, your lawyer could file legal documents known as motions with the court to be ruled on by the judge. This could include asking the court to block evidence or to schedule a trial. It can take up a year for the discovery process to be completed and a trial date to be set. This is why it's crucial to partner with an experienced Long Island car accident attorney early on in the process.