The 10 Worst Auto Accident Claim Mistakes Of All Time Could Have Been Prevented
The Intake Process for Car Accident Litigation
An experienced lawyer in car accident litigation will be able to assist you determine the potential strength of your case and the amount of settlement you can get. However, this is only possible when you have all the relevant information.
Discovery is the very first step of an auto accident case. During this stage, attorneys and their teams exchange documents and ask questions under an oath.
Documentation
A lot of the work involved in a car crash case is collecting evidence. This could include evidence such as photographs, medical records, or witness statements. In general, the more evidence you can provide to support your claim the stronger your argument will be.
A law enforcement report is the primary document you need. Typically the police officer that comes to the scene of the accident will prepare an investigation report. This will give important details about how the accident occurred and who was at fault for the incident.
If necessary your lawyer has the option of using the police report to gather additional evidence. If the accident happened in the workplace such as a place of business an employee could have recorded video footage. If that's the case, the tape should be requested from the company as soon as possible.
Keep track of any expenses you incur because of the accident. This could include medical bills or records of treatment, receipts for medication rental car fees and in-home care or assistance expenses for transportation, and more. It is also important to document any income lost due to your accident. You can use old tax returns and pay stubs.
You should also try to find the names of witnesses. They could be valuable sources of information for your case, especially in the event that they are able to be a witness in a trial. It is important to remember that witnesses may change their stories and forget details about the incident over time.
Intake and Investigation
The process of intake is crucial to getting an adequate amount of compensation for your injuries sustained in an accident regardless of whether you've made an insurance claim or you are suing the person at fault. Your lawyer will begin by reviewing your medical documents, as well as copies of accident reports, and other evidence. They will also visit the site of the crash to take note of what they can.
This will allow them to determine the severity of the harm you've suffered as well as the current and projected costs for your emotional or physical suffering. They will then analyze your financial losses to estimate the value of your case. The damages you suffer could include not only current and future medical expenses, but also your loss of income as well as property damage.
auto accident law firm surprise will also investigate the incident, which includes interviewing witnesses and analyzing all available evidence. They will also obtain the driver at fault's driving and cell phone records to see what they were doing with their vehicle at the time of the accident. This is especially important if there was a collision with an Uber or Lyft car, or any other evidence that suggests the driver was working on the clock.
As part of the discovery procedure the lawyer will inquire about the defendant's criminal and traffic offense records. Generally, these details are not admissible in court, but they could be helpful to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
After you have obtained the medical records after which your lawyer can start negotiations to settle the matter. The insurance company will typically make an initial offer that is less than what you requested in your letter. This is a way to determine the credibility of your argument. In your counteroffer, it's crucial to highlight the most powerful arguments you have in your favor. For example, that the insurance company was at fault and that there were severe injuries and expensive medical expenses. Negotiating back and forth could eventually result in an appropriate and fair amount.
A skilled accident attorney can effectively argue for the benefits of your claim, including presenting evidence that supports your losses. This could include photos of the car damage, police reports and witness testimony. We also know how to calculate the value of each element of your claim, including loss of income, suffering and pain.
If the insurance company refuses to pay an acceptable amount at this point, we may file a lawsuit. A trial usually lasts between one and two days, and is judged by jurors or a judge. If your case is settled before this stage it could take a few months. Your lawyer may also be able to file a summary judgment motion. This is a way of claiming that all evidence is in your favor, and arguing that it is impossible for the other side to win.
Filing an action
In the majority of car accident instances, parties can resolve their disagreement without going to court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If there is no agreement the lawyers of our firm will file a lawsuit against the defendant. The Complaint will include your claims and allegations regarding how the accident occurred and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond.
The discovery stage is when our lawyers and the defendant begin to exchange documents and other material and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of the events, such as what they believe happened during the crash, as well as how they think it occurred and the injuries you have suffered. We will also search for expert opinions to support our claims.
During the discovery process your lawyer can make legal motions to the court for a judge to decide on. This could include requests for the court to exclude certain evidence or to schedule a trial date. It could take a full year or more to complete the discovery process and set the date of trial for your case. This is why it's important to partner with an experienced Long Island car accident attorney early on in the process.