Getting Tired Of Auto Accident Claim? 10 Inspirational Sources To Bring Back Your Passion
The Intake Process for Car Accident Litigation
A lawyer with experience in car accident litigation will be able to help you determine the strengths of your case as well as how much settlement you could receive. This is only possible when all the information you need is available.
Discovery is the first stage of a car accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.
Documentation
A significant portion of the work that goes into a car accident case is collecting evidence. This may include evidence like medical records, photos, or witness statements. Generally, the more documentation you have to back your claim, the stronger your argument will be.
The first piece of evidence that you must have is a law enforcement report. Typically the police officer that comes to the scene of the crash will prepare a report, and this will give important details about the circumstances of the crash and who was responsible for the incident.
Your lawyer may also utilize the law enforcement report to seek additional evidence if required. For instance, if an incident occurred in a business where employees were present, the location may have recorded footage of the incident. If this is the case, request a copy from the business.
auto accident lawsuit winston salem should also record any expenses you incurred as a result of the accident. These could include medical bills and records of your treatment, receipts for medication rental car expenses, in-home care or assistance as well as transportation costs and many more. Also, you should document any income you lose due to your injury. This can include old pay stubs as well as tax returns.
If you are able to, request the names of witnesses to the accident as well. These people can serve as valuable sources of information for your case, particularly in the event that they are able to testify at trial. However, it's important to remember that witnesses can change their stories over time and they may forget details about the accident.
Intake and Investigation
Whether you have filed a claim with an insurance company or have started an action against an at-fault driver, the initial intake process is essential to obtaining the full and fair amount of compensation for your crash injuries. Your attorney will start by reviewing your medical treatment records, and obtaining copies of accident reports as well as other evidence. They will also go to the scene of the accident to observe and document what they can.
This will help them to comprehend the extent of the harm you've suffered, both in terms cost and projections for your emotional or physical suffering. Then, they'll review your financial losses to determine the value of your case. Your damages may include not only current and future medical expenses, but also your loss of income and property damage.
Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any evidence. They will also gather the at-fault driver's driving and phone records to determine the way they used their vehicle at the time of the collision. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was working while at work, as this could impact their ability to pay for your damages.
As part of the process of discovery Your lawyer will inquire about the defendant's traffic and criminal offense records. Generally speaking, these facts are not admissible in court, however they could be helpful to undermine the credibility of the defendant in cross-examination.
The process of negotiating a settlement
Once you have the medical records then your lawyer will begin negotiations on settlement. The insurance company will often make an initial offer that is much less than the amount you requested in your letter. This is a strategy to determine how strong your argument is. In the counteroffer, it is crucial to emphasize the most important points in your favor - for instance, that the insured was fully at the fault and that you sustained serious injuries that resulted in high medical expenses. In the end, back and forth bargaining will result in an amount that is both fair and reasonable.
A skilled attorney can effectively argue your claim's merits including presenting evidence to back your losses. This could include photos of the damage to your car along with a police report as well as witness testimony. We also know how to determine the value of various components of your claim, like lost income and suffering and pain.
If the insurance company is unwilling to pay an acceptable amount at this point, we can file a lawsuit. A trial usually lasts about two or three days and is usually ruled by an individual judge (called a bench trial) or jurors. If your case is settled prior to reaching this stage it could take months. Your attorney may also be able to file a summary motion to enter judgment. This is a way of claiming that all evidence is in your favor and arguing that it's impossible to allow the opponent to prevail.
Filing a Lawsuit
In the majority of car crash cases parties can resolve their disputes without the need for court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint will list your claims and allegations about how the accident occurred and the reason you should be compensated. The defendant is served the Complaint, and given a specific period of time to reply.
During the discovery phase, our attorneys will exchange documents and other information with the defendant while asking questions via interrogatories or depositions. Our team will inquire to the defendant's lawyer about their perspective on the events, focusing on what injuries you have suffered and how they believe it occurred. We will also search for expert opinions to support our claims.
During the discovery process your lawyer may file legal documents called motions to the court for a judge to rule on. These could include requests to the court to exclude certain evidence or to schedule the date for a trial. It can take up one year for the investigation process to be completed and a trial date established. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.