10 Facts About Auto Accident Claim That Will Instantly Put You In A Positive Mood
The Intake Process for Car Accident Litigation
A lawyer with expertise in litigation involving car accidents can help you determine how solid your case is as well as how the settlement may be worth. This is only possible if all the information you require is available.
Discovery is the very first step of an auto accident case. In this stage, attorneys and their teams discuss documents and answer questions under the oath.
Documentation
Documentation is a major part of the work in the event of a car crash. This could include evidence such photographs, medical records, or witness statements. The more evidence you have, the better your case will be.
The first piece of documentation you should have is a report from the police. Typically the police officer who comes to the scene of the crash will prepare a report, and this will provide important information about how the crash occurred and who was at fault for the incident.
Your lawyer may also utilize the law enforcement report to seek additional evidence if necessary. If the incident occurred at the business environment for instance an employee could have recorded video footage. If this is the case, you should request a copy from the business.
Record any expenses you have incurred as a result of the accident. These could include medical bills and records of your treatment, medication receipts, rental car charges and in-home care or assistance, transportation costs and more. It is also important to document any income you lose due to your injury. This could include old pay stubs, as well as tax returns.
If you can, get the names of witnesses to the incident as well. These witnesses can be valuable sources of information for your case, particularly those who are able to testify at trial. It's important to keep in mind that witnesses may change their accounts and forget details about the accident over time.
Intake and Investigation
If you've filed an insurance claim with an company or are preparing an action against an at-fault driver, the initial intake process is crucial to getting the fair and complete compensation you deserve for your crash injuries. Your attorney will begin by looking over your medical records, as well as obtaining copies accident reports and other evidence. They will also visit and document the scene of the accident.
This information will assist them understand the extent of your injuries both in terms of future and anticipated costs for your physical and emotional suffering. They will then review your current and future financial losses in order to determine the value of your case. auto accident law firm worcester suffer could include not only future and ongoing medical expenses, but also lost income and property damage.
Your lawyer will also investigate by interviewing witnesses and analyzing all the available evidence. They will also gather the driver at fault's driving records and cell phone records to see what they were doing with their vehicle at the time of the collision. This is especially important if the collision involved an Uber or Lyft vehicle, or any other indicator that the driver was working while on the job, since this could impact their ability to pay your damages.
As part of the discovery process as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal offense records. These details are typically not admissible but could be used to undermine the defendant's credibility during cross-examination.
The process of negotiating a settlement
After receiving the medical records, you are able to begin settlement negotiation. In the beginning, the insurance company will offer an offer which is usually much lower than what you request in the letter. This is a way to assess how strong your case. In the counteroffer it is important to highlight the strongest points in your favor - for example, the insured was completely at the fault and that you sustained serious injuries that resulted in high medical expenses. Negotiating back and forth will eventually result in an appropriate and fair amount.
A skilled accident attorney can effectively argue the merits of your case, including presenting evidence supporting your losses. This could include photos of vehicle damage, police reports or witness testimony. We know how to determine the various elements of your claim, such as loss of income along with pain and suffering as well as a police reports.
If, at this point, the insurance company is still refusing to provide a reasonable amount, we may choose to bring a lawsuit to court. A trial usually lasts up to two days and is usually ruled by an individual judge (called a bench trial) or jurors. If your case settles prior to reaching this stage the process could last months. Alternatively, your attorney may be capable of filing a motion for summary judgement. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for the other side to win.
Filing an action
In the majority of cases involving car accidents the parties are able to resolve their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person who is at fault. However, if an agreement is not reached our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding 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 to it.
The discovery stage is when our attorneys and the defendant will begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will inquire to the lawyer of the defendant regarding their perspective on the events, such as what injuries you've suffered and how they believe it occurred. We will also request expert opinions that support our position.
During the discovery process, your lawyer could submit legal documents known as motions to the court for a judge's ruling on. This can include requesting the court to block evidence or schedule a trial. It can take a year or more to complete the discovery process and establish a trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney as early as you can during the process.