The Intake Process for Car Accident Litigation
A lawyer who specializes in car accident litigation can help you determine the strength of your case is and also how much your settlement could be worth. But it is only possible with all the relevant information.
Discovery is the first stage of a car accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.
Documentation
A lot of the work that goes into a car accident case is collecting evidence. This can include evidence like photographs, medical records or witness statements. The more evidence you have the more convincing your case will be.
A law enforcement report is the very first document you need. The police officer who arrives at the scene of the accident will usually write a report. It will provide important details about the incident and the person responsible for it.
If required your attorney has to use the police report to gather additional evidence. For instance, if the incident took place in a commercial where employees were present, the site might have recorded video footage of the incident. If this is the case, you should ask for a copy of the footage from the business.
Record any expenses you have incurred as a result of the accident. Document any expenses you incurred due to. This could include medical expenses or records of treatment, medication receipts, rental car charges, in-home assistance or care transport costs, and many more. It is important to record any income you lose due to your accident. This could include old pay stubs, as well as tax returns.
auto accident lawyer virginia should also get the names of witnesses. These people can serve as valuable sources of information for your case, particularly those who are able to be present at trial. It is important to remember that witnesses can alter their stories over time and may forget details of the accident.
Intake and Investigation
The process of intake is crucial to receiving an adequate amount of compensation for your accident injuries, whether you have filed a claim with an insurance company or are suing the party at fault. Your attorney will start by reviewing your medical treatment records, and obtaining copies of accident reports, and other evidence. They will also go to and document the scene of the accident.
This will help them to assess the severity of the injuries you've suffered as well as the actual and projected costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. Your damages may include not only future and current medical expenses, but also your loss of income as well as property damage.
Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also obtain the driver at fault's driving and phone records to determine how they used their vehicle at the time of the accident. This is particularly important when there was a collision that involved an Uber or Lyft car, or any other indication that the driver was working around the clock.
As part of the discovery procedure as part of the discovery process, your lawyer will inquire about the defendant's criminal and traffic offence records. These facts are usually not admissible but could be used to undermine the defendant's credibility during cross-examination.
Negotiating a Settlement
Once you have the medical records, you are able to begin negotiations for settlement. The insurance company will often make an initial offer that is lower than the amount you requested in your letter. This is a way to determine how strong your argument is. In the counteroffer, you must be important to highlight the strongest points in your favor - for example, that the insured was entirely at fault and that you suffered serious injuries that resulted in significant medical expenses. In the end, back and forth bargaining will result in an amount that is both reasonable and fair.
A skilled lawyer for accidents can successfully argue your claim's merits, including presenting evidence to back your losses. This could include photographs of the damage to your car as well as a police report and witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, suffering and pain.
If the insurance company refuses to pay a reasonable amount at this point, we can bring a lawsuit. A trial typically lasts between one and two days and is conducted by a judge or a jury. If your case settles before this stage it could take several months. Your lawyer may also be able file a summary motion for judgment. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the opposing side to win.
Filing a Lawsuit
In the majority of car accident cases parties can resolve their disagreement 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 who is at fault. However, if an agreement is not reached our lawyers will file a lawsuit against the defendant. The Complaint will list your claims and allegations about how the accident occurred and the reason you should be compensated. The defendant will be served the Complaint and given a particular time frame to respond to it.
The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, such as the circumstances under which they believe the crash took place and what injuries you've sustained. We will also solicit expert opinions that will support our stance.
During the discovery process your lawyer could make legal motions to the court for a judge's ruling on. This can include requests for the court to omit certain evidence or to set an appointment for trial. It could take a year or more to complete the discovery process and establish the trial date for your case. It is imperative to speak with an experienced Long Island auto accident attorney early during the process.