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 how the settlement may be worth. But this is only feasible with all the relevant information.
Discovery is the initial step of a car accident case. During this stage, attorneys and their teams will discuss documents and answer questions under oath.
Documentation
The majority of the work that goes into a car accident case is obtaining documentation. This could include evidence such as photos, medical records or witness statements. The more evidence you have, the better your case will be.
The first document that you must have is a police report. The police officer who arrives at the accident scene is likely to prepare a written report. This will provide valuable information regarding the accident as well as who was responsible for it.
If needed, your attorney can use a police report to gather additional evidence. For instance, if the incident took place in a commercial, an employee at that area may have recorded footage of the incident. If this is the case, a copy of the tape must be requested from the business as soon as is possible.
Keep track of any expenses you incur as a result of the accident. Document any expenses you incurred due to. This can include medical bills, records of your treatment, receipts from medication rental car costs, in-home assistance or care as well as transportation costs. You should also document any income you lose due to your injury. You can use old tax returns and pay stubs.
If you can, get the names of witnesses to the accident as well. They may be able provide valuable information, especially if you are able to get them to testify in court. It's important to keep in mind that witnesses can alter their accounts and forget details regarding the accident as time passes.
Intake and Investigation
The process of intake is vital in obtaining fair compensation for your injuries from an accident, whether you have submitted an insurance claim or are suing the party at fault. Your attorney will start by looking through your medical documents, as well as copies of accident reports and other evidence. They will also visit and document the scene of the accident.
This information will allow them to comprehend the severity of your injuries, both in terms of future and current costs for your physical and emotional suffering. They will then analyze your financial losses to estimate the total value of your case. The damages could include not only current and future medical expenses, but also loss of income as well as property damage.
Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any evidence. They will also take the at-fault driver's driving and cell phone records to see how they used their vehicle at the time of the collision. This is particularly important if there was a collision with an Uber or Lyft vehicle, or any other indication that the driver worked while on the clock.
As part of the process of discovery Your lawyer will ask about the defendant's traffic and criminal record of offenses. Generally speaking, these facts are not admissible in court, but they can be useful to impeach the defendant's credibility during cross-examination.
Negotiating a Settlement
After you've obtained the medical documents, your lawyer can begin negotiations for settlement. Initially, the insurance company may make an offer that's usually much lower than what you demand in the letter. This is a method to test the strength of your argument. In your counteroffer it is important to highlight the strongest arguments in your favor. For instance, if you claim that the insurance company was in the wrong and that there were severe injuries and expensive medical expenses. Then, the back and forth negotiation will result in an amount that is reasonable and fair.
An experienced accident lawyer can effectively argue the merits of your claim including presenting evidence supporting your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to determine the value of various components of your claim, including lost income and suffering and pain.
If, at this point, the insurance company still refuses to offer a reasonable amount, we can decide to file a lawsuit in court. A trial typically lasts about two or three days and can be heard by a judge (called a bench trial) or jurors. If your case is settled before this stage, it can take several months. Your attorney might also be able to file a summary motion to dismiss. This is where you present all 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 accident cases, the parties can settle their disputes outside of court. Our team will work to assist you in negotiating an agreement with the insurance company or directly with the at-fault party. If an agreement is not reached, our lawyers will file a suit against the defendant. The Complaint will include your assertions and allegations regarding the cause of the crash and why you deserve compensation. The defendant will be served the Complaint and given a particular amount of time to respond to it.
The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask questions to the lawyer for the defendant about their view of the events, focusing on what injuries you have suffered and the way they believe it occurred. We will also seek out experts to back our claims.
During the discovery phase, your lawyer may file legal documents known as motions with the court for a decision by the judge. This can include requests for the court's decision to exclude certain evidence or to set an appointment for trial. It can take as long as a year for the discovery process to be completed and a trial date to be set. auto accident attorneys tennessee is why it's vital to work with an experienced Long Island car accident attorney early in the process.