The Intake Process for Car Accident Litigation
A lawyer with experience in litigation involving car accidents will be able to assist you determine the strength of your case and the amount of settlement you could get. But this is only possible when you have all the information needed.
Discovery is the initial step of an auto accident case. During this phase attorneys and their teams exchange documents and discuss their respective cases under oath.
Documentation
Documentation is a large component of the event of a car crash. This could include evidence such photographs, 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 law enforcement report. Typically the police officer who comes to the scene of the accident will draft an investigation report. This will provide crucial information on what happened and who was responsible for the incident.
Your attorney can also use the law enforcement report to seek additional evidence if required. If the incident occurred at an office, for example, an employee may have recorded video footage. If auto accident law firm boca raton is the case a copy of the tape must be requested from the company as soon as possible.
Record any expenses you have incurred because of the accident. Record any costs you incur due to. This could include medical bills and records of your treatment, receipts for medications, rental car fees as well as in-home care or assistance expenses for transportation, and many more. In addition, you should record any income loss due to your accident. You can utilize old tax returns and pay stubs.
If you are able to, request the names of any witnesses to the incident as well. These people can serve as valuable sources of information for your case, especially when they can be a witness in a trial. It is important to remember that witnesses may change their narratives and forget specifics regarding the accident as time passes.
Intake and Investigation
The intake process is critical in obtaining fair compensation for your accident injuries, whether you have filed a claim with an insurance company or you are suing the person at fault. Your attorney will begin by looking over your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the accident scene.
This information will help them know the extent of your injuries, both in terms of future and projected costs for your physical and emotional suffering. They will also review your financial losses to determine the value of your case. Your damages may include not only future and ongoing medical expenses, but also your loss of income as well as property damage.
Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also gather the driving and cell phone records of the drivers who were at fault to determine how they used their vehicle at that time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was working while at work, as this could negatively impact their ability to cover your damages.
In addition your lawyer will also ask questions regarding the defendant's prior criminal and traffic offence history during the discovery process. These details are generally not admissible in court, but they can be useful to undermine the credibility of the defendant during cross examination.
The process of negotiating a settlement
After you have received your medical records, you can begin settlement negotiations. In the beginning, the insurance company may make an offer that is usually considerably lower than what you demand in the letter. This is a way to test the strength of your case. In your counteroffer, it is crucial to emphasize the most important arguments in your favor. For instance, you could argue the insurer was in the wrong and that there were serious injuries as well as significant medical expenses. Negotiating back and forth could eventually lead to an equitable and reasonable amount.
An experienced accident lawyer can successfully argue the merits of your claim, including presenting evidence supporting your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to calculate the value of each element of your claim, such as lost income and suffering and pain.
If, at this point, the insurance company continues to refuse to provide a reasonable amount, we can decide to bring a lawsuit to court. A trial usually lasts one or two days and is supervised by an individual judge (called a bench trial) or by jurors. If your case settles before this point it can take a few months. Alternatively, your attorney may be eligible to file an application for summary judgment. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.
Filing a Lawsuit
In a majority of cases involving car accidents parties can settle their dispute out of court. Our team will help you negotiate a settlement with the insurance company of the other driver company, or directly with the party at fault. If an agreement is not reached Our lawyers will start a lawsuit against the defendant. The Complaint will outline your claims and details about how the crash occurred and the reasons you are entitled to compensation. The defendant is served with the Complaint and given a certain amount of time to respond.
The discovery phase is when our lawyers and the defendant will begin to exchange documents and other materials in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of the events, including what they believe happened during the crash, as well as how they think it happened and what injuries you've sustained. We will also seek expert opinions that enforce our position.
During the discovery process your lawyer may make legal motions to the court for a judge to decide on. This could mean asking the court to exclude evidence or schedule a trial. It can take up to one year for the investigation process to be completed and a trial date to be set. It's crucial to consult with an experienced Long Island auto accident attorney early in the process.