Where Do You Think Auto Accident Claim Be 1 Year From What Is Happening Now?
The Intake Process for Car Accident Litigation
A lawyer with expertise in the area of car accident litigation will help you determine the strength of your case is as well as how much your settlement could be worth. However, this is only possible with all the information needed.
Discovery is the initial step of a car accident case. During this stage, attorneys and their teams communicate with each other and ask questions under oath.
Documentation
Documentation is a large part of the work in a car accident. This could include evidence such photographs, medical records or witness statements. The more documentation that you have, the more convincing your case.
The first document that you must have is a report from the police. The police officer who arrives at the accident scene is likely to prepare a written report. It will provide important information about the accident and who was responsible.
If needed, your attorney can use an investigation report to collect additional evidence. For example, if the incident occurred at a company the employee who worked at that area may have recorded footage of the incident. If this is the case, you must request a copy of the video from the company.
Keep track of any expenses you incur as a result of the accident. Document all expenses you have incurred as a result of. These could include medical bills or records of treatment, medication receipts rental car costs and in-home care or assistance expenses for transportation, and more. In addition, you should record any income loss due to your injury. This could include old pay slips and tax returns.
You should also obtain the names of witnesses. These people may be able to provide important details, especially if can get them to give evidence in court. It's important to keep in mind that witnesses may change their story and forget details about the accident over time.
Intake and Investigation
The intake process is critical in obtaining fair compensation for your injuries from an accident, whether you have submitted an insurance claim or are suing the responsible party. Your attorney will begin by reviewing your medical records, as well as obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the accident.
This will help them understand the extent of your injuries as well as the future and current costs for your physical and emotional suffering. Then, they will review your current and future financial losses to estimate the value of your case. Your damages may include not only future and current medical expenses, but also your loss of income and property damage.
Your lawyer will also conduct an investigation, including interviewing any witnesses and reviewing all available evidence. They will also collect driving and cell phone records of the at-fault drivers to determine how they operated their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, as this could affect their ability to pay your damages.
In addition to this, your attorney will likely ask questions about the defendant's previous criminal and traffic-related offenses as part of the discovery process. These facts are usually not admissible but could be used to undermine the credibility of the defendant during cross-examination.
The process of negotiating a settlement
Once you have the medical records then your lawyer will begin settlement negotiations. The insurance company may make an initial offer that is less than what you requested in your letter. This is a way to determine how strong your case is. In the counteroffer it is crucial to highlight the most powerful arguments for your side - for instance, that the insured was entirely at fault and that you suffered severe injuries with high medical costs. Then, bargaining back and forth will lead to an amount that is both fair and reasonable.
A skilled lawyer for accidents can effectively argue your claim's merits, including presenting evidence to prove your losses. This could include photos of the car damage, police reports or witness testimony. We know how to calculate various aspects of your claim like lost income as well as pain and suffering, and police reports.
If the insurance company refuses to pay a reasonable amount at this point, we may start a lawsuit. A trial typically lasts one or two days and is either heard by a judge (called a bench trial) or jurors. If your case settles prior to this phase it could take several months. Your attorney may 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 prevail.
Filing an action
In the majority of cases involving car accidents, the parties are able to settle their dispute out of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the person at fault. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a particular timeframe to respond.
During auto accident attorney farmington hills , our lawyers will discuss documents and other evidence with the defendant while asking questions via interrogatories as well as depositions. Our team will be asking questions to the defendant's lawyer about their view of the events, focusing on what damages you've suffered and the way they believe it occurred. We will also look for expert opinions to support our position.
During the discovery phase, your lawyer could submit legal documents, also known as motions to the court to be ruled on by an individual judge. This can include requests for the court to block certain evidence, or to 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 scheduled. It is crucial to talk with an experienced Long Island auto accident attorney as early as you can in the process.