The Intake Process for Car Accident Litigation
A lawyer with experience in litigation involving car accidents can help you determine the strength of your case and how much settlement you could get. This is only possible if all the information you require is available.
Discovery is the first step of a car accident case. During this stage, attorneys and their teams will exchange documents and ask questions under oath.
Documentation
Documentation is a major aspect of the investigation in a car accident. This could include evidence such as photographs, medical records or witness statements. The more evidence you have, the more convincing your case.
A police report is the primary document you need. The police officer who arrives at the accident scene will usually write a report. It will provide important information regarding the accident as well as the person responsible for it.
If necessary your lawyer has the option of using an investigation report to collect additional evidence. For instance, if an incident took place in a commercial where employees were present, the site might have recorded video footage of the incident. If this is the situation, the tape should be requested from the business as quickly as is possible.
You should also document any expenses you incurred in the aftermath of the accident. These could include medical bills and records for your treatment, receipts for medicines rental car costs and in-home assistance or care expenses for transportation, and much more. Additionally, you must note any income loss because of your injury. This can include old pay stubs as well as tax returns.
If you are able to, request the names of any witnesses to the accident as well. They might be able to provide important details, especially if can convince them to be a witness in court. However, it is important to keep in mind that witnesses can change their testimony over time and could forget specific details about the incident.
Intake and Investigation
If you've made an insurance company or have started an action against an at-fault driver, the intake process is essential to obtaining the full and fair amount of compensation for your injuries from a crash. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports, as well as other evidence. They will also visit the site of the crash to record and observe what they can.
This information will allow them to comprehend the extent of the injuries you've suffered as well as the current and projected costs for your emotional or physical suffering. They will also review your financial losses to determine the total value of your case. Your damages may include not only future and ongoing medical expenses, but also lost income and property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also obtain the driver at fault's driving and cell phone records to see how they used their vehicle at the time of the accident. auto accident attorney st petersburg is particularly important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the job, as it could affect their ability to cover your damages.
As part of the discovery procedure, your lawyer will also inquire about the defendant's traffic and criminal record of offenses. These facts are usually not admissible but could be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
Once you have the medical records, you're able to begin negotiations for settlement. Initially, the insurance company will present an offer that is often significantly lower than the amount you have requested in the letter. This is a method to assess the strength of your case. In your counteroffer, it is important to highlight the strongest points you have in your favor. For instance, if you claim the insurer was responsible and that there were severe injuries as well as significant medical expenses. Negotiating back and forth should eventually lead to an equitable and reasonable amount.
An experienced attorney can successfully argue the merits of your case, including presenting evidence to support your losses. This could include photos of car damage, police reports, and witness testimony. We know how to calculate various elements of your claim like lost income, pain and suffering and police report.
At this point, if the insurance company is still refusing to provide a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is judged by either a judge or jury. If your case is settled before reaching this stage, the process can take months. Your attorney might also be able to file a summary judgment motion. This involves asserting that all evidence is in your favour, and arguing that it's impossible for the other side to prevail.
Filing an action
In a majority of cases involving car accidents parties can resolve their disagreement outside of court. Our team will assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the at-fault party. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint contains your claims and allegations relating to the accident, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a particular period of time to respond to it.
During the discovery phase, our lawyers will exchange documents and other evidence with the defendant, while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as the circumstances under which they believe the crash occurred and what injuries you have suffered. We will also request expert opinions that enforce our position.
During the discovery stage, your lawyer will make legal documents known as motions to the court to be ruled on by the judge. This may include requests for the court's decision to exclude certain evidence or set the date for a trial. It can take as long as one year for the discovery process to be completed and a trial date established. This is why it's important to find a knowledgeable Long Island car accident attorney at the beginning of the process.