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The 9 Things Your Parents Taught You About Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer that specializes in the area of car auto accident lawsuits litigation will help you determine the strength of your case is as well as how the settlement you receive could be worth. However this is only feasible if you have all the relevant information.
Discovery is the first step of a car accident case. During this stage, attorneys and their teams exchange documents and discuss their respective cases under an oath.
Documentation
Documentation is a significant element of an auto accidents accident. This could include evidence such as photographs, medical records or witness statements. The more documentation that you have, the more convincing your case will become.
The first document you should have is a police report. The police officer who arrives at the accident scene will usually write a report. This report will provide important information regarding the accident as well as the person responsible for it.
Your attorney can also use the law enforcement report to pursue additional evidence in the event of need. For example, if the accident happened in a business the employee who worked at that area may have recorded footage of the incident. If this is the case, you should seek a copy from the business.
Keep track of any expenses you incur due to the accident. This can include medical bills and records for your treatment, receipts for medications rental car expenses as well as in-home care or assistance transport costs, and many more. It is also important to document any income lost due to your injury. You can use tax returns and pay stubs.
You should also get the names of witnesses. They might be able to give valuable information, particularly if you can get them to give evidence in court. However, it's important to keep in mind that witnesses can alter their story over time and may forget details of the accident.
Intake and Investigation
Whether you have made an insurance claim with an company or are starting an action against an at-fault driver, the process of obtaining an intake is essential to receive the full and fair amount of compensation for your crash injuries. Your lawyer will begin by examining your medical records, as well as obtaining copies accident reports and other evidence. They will also go to the scene of the crash to take note of what they can.
This information will help them understand the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. They will then review your existing and expected financial losses to determine the total value of your case. Your damages can include not only your present and future medical costs but also income loss and property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and reviewing all available evidence. They will also obtain the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the accident. This is particularly important when there was a collision with an Uber or Lyft vehicle or any other indication that the driver was working on the clock.
As part of the discovery process, your lawyer will also ask about the defendant's criminal and traffic offense records. These details are generally not admissible, but can be used to undermine the credibility of the defendant during cross-examination.
The process of negotiating a settlement
After you have obtained the medical records after which your lawyer can start settlement negotiations. The insurance company will often make an initial offer that is smaller than the amount that you requested in your letter. This is a way to test how convincing your case is. In the counteroffer, it is important to highlight the strongest points in your favor - for instance, that the insured was completely at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. In the end, bargaining back and forth will result in an amount that is reasonable and fair.
A skilled attorney can successfully argue your claim's merits including presenting proof to support your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to calculate the value of different elements of your claim, auto accident lawyers including loss of income, pain and suffering.
At this point, if the insurance company still refuses to offer a fair amount, we may choose to make a claim in court. A trial usually lasts about two or three days and is usually ruled by a judge (called a bench trial) or a jury. If your case settles prior to reaching this stage the process could last months. Your lawyer may also be able to file a summary motion to dismiss. This involves asserting that all evidence is in your favor and arguing that it's impossible for the opposing side to win.
Filing a Lawsuit
In the majority of car accident cases the parties are able to resolve their disputes outside of court. Our team will help you negotiate a settlement with the other driver's insurance company, or directly with the at-fault party. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint will detail your claims and Auto Accident Lawyer details about how the crash occurred and why you deserve compensation. The defendant is served with the Complaint and given a set time frame to respond.
During the discovery phase, our lawyers will exchange documents and other material with the defendant, while asking questions via interrogatories or depositions. Our team will ask questions to the lawyer for the defendant about their interpretation of the events, such as what damages you've suffered and how they believe it took place. We will also seek out expert opinions to support our claims.
During the discovery process your lawyer may submit legal documents known as motions to the court for a judge's ruling on. This could include asking the court to omit evidence or set a trial date. It could take a full year or more to complete the discovery process and determine an appointment date for your case. It's crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point during the process.
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