The Biggest Problem With Auto Accident Claim And What You Can Do To Fix It
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 could receive. This is only possible when all the information you require is available.
Discovery is the initial step of an auto accident case. In this stage, attorneys and their teams will exchange documents and discuss questions under oath.
Documentation
Documentation is a significant aspect of the investigation in the event of a car crash. This could be evidence like photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will be.
The first piece of documentation you need is a report from the police. Typically, the police officer who arrives at the scene of the accident will draft the report, and it will provide crucial information on how the crash occurred and who was responsible for the incident.
If necessary your lawyer has the option of using a police report to gather additional evidence. If the incident occurred at the workplace such as a place of business employees may have recorded video footage. If that's the case, the tape should be requested from the company as soon as is possible.
Keep track of any expenses you incur as a result of the accident. auto accident lawyer portsmouth have incurred as a result of. These could include medical bills or records of treatment, receipts from medications rental car fees and in-home care or assistance transport costs, and many more. Additionally, you must keep track of any income loss because of your injury. You can use your old tax returns and pay stubs.
It is also advisable to find the names of witnesses. These witnesses can be important sources of information in your case, particularly those who are able to be a witness in a trial. However, it's important to keep in mind that witnesses are prone to altering their story over time and they may forget details about the incident.
Intake and Investigation
If you've filed a claim with an insurance firm or are beginning an action against the at-fault driver, the process of obtaining an intake is crucial to getting the fair and complete compensation you deserve for the injuries you sustained in a crash. Your lawyer will begin by examining your medical records, as well as obtaining copies of accident reports and other evidence. They will also visit the scene of the accident to record and observe what they can.
This information will enable them to comprehend the extent of the injuries you've suffered, both in terms future and current costs for your physical or emotional suffering. They will then look over your financial losses to estimate the value of your case. The damages you suffer could include not only future and ongoing medical expenses, but also your loss of income and property damage.
Your lawyer will also investigate by interviewing witnesses and analyzing all available evidence. They will also collect the driver at fault's driving records and cell phone records to see the way they used their vehicle at the time of the crash. This will be 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 the ability of them to pay damages.
In addition to this your attorney may inquire about the defendant's criminal and traffic offense history in the discovery process. These details are generally not admissible in court, however they can be useful to undermine the credibility of a defendant during cross examination.
Negotiating a Settlement
After you've obtained the medical documents, your lawyer can begin negotiations on settlement. The insurance company is likely to make an initial offer that is much less than the amount you requested in your letter. This is a strategy to assess how strong your argument is. When you counteroffer, it's crucial to highlight the most powerful points you have in your favor. For instance, you can say that the insurance company was in the wrong and that there were severe injuries as well as significant medical expenses. In the end, a lot of negotiations back and forth should get you to an amount that is both fair and reasonable.
A skilled attorney for accidents can effectively argue for the merits of your case, by presenting evidence to prove your losses. This could include photos of car damage, police reports and witness testimony. We also know how to calculate the value of various components of your claim, including lost income and pain and suffering.
If the insurance company refuses to pay an acceptable amount at this point, we may start a lawsuit. A trial usually lasts about two or three days and can be heard by a judge (called a bench trial) or jurors. If your case is settled prior to this phase, it can take several months. Or, your lawyer may be able to file a motion for summary judge. This is a way of claiming that all evidence is in your favor, and arguing it's impossible for the other side to win.
Filing an action
In the majority of car crash cases, the parties can resolve their disagreement without going to court. Our team can help you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will contain your claims and allegations about the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond.
During the discovery phase, our attorneys will exchange documents and other evidence with the defendant, while asking questions via interrogatories or depositions. Our team will ask questions to the defendant's lawyer about their version of the events, including what damages you've suffered and the way they believe it occurred. We will also seek out expert opinions that support our position.
During the discovery process your lawyer may submit legal documents, also known as motions to the court for a judge to decide on. This may include requesting the court to omit evidence or set a trial date. It can take up to an entire year for the discovery process to be completed and a trial date established. This is why it's vital to find a knowledgeable Long Island car accident attorney early on in the process.