Notes

A Positive Rant Concerning Auto Accident Claim
The Intake Process for Car Accident Litigation

A lawyer who has experience in the field of car accident litigation will be able to help you determine the strengths of your case as well as how much settlement you could receive. However this is only feasible with all the information needed.

Discovery is the first stage of a car accident case. In this stage, attorneys and their teams will exchange documents and discuss questions under oath.


Documentation

The majority of the work involved in a car accident case is collecting documentation. This could include evidence such as photos, medical records or witness statements. In general, the more evidence you have to back your claim the more convincing your argument will be.

The first document that you must have is a report from the police. The police officer who arrives at the accident scene will usually write a report. It will give valuable details about the accident and who was responsible.

If necessary you need to, your attorney can make use of a police report to gather additional evidence. For example, if the incident occurred in a business the employee who worked at that area may have recorded footage of the incident. If this is the case, you must ask for a copy of the footage from the business.

You should also document any expenses you incurred as a result of the accident. This could include medical expenses or records of treatment, medication receipts, rental car charges for in-home assistance, care at home, transportation costs and more. It is important to record any income lost due to your accident. This can include old pay stubs and tax returns.

If you can, collect the names of any witnesses to the accident as well. These people can serve as valuable sources of information for your case, especially if they are able to give evidence at trial. However, it's important to remember that witnesses can change their testimony over time and may forget details of the accident.

Intake and Investigation

If you have made an insurance claim with an firm or are beginning an action against the at-fault driver, the process of intake is essential to obtaining the full and fair amount of compensation for the accident injuries. Your lawyer will begin by examining your medical records, as well as obtaining copies accident reports and other evidence. They will also visit and document the accident scene.

This information will allow them to comprehend the severity of your injuries, both in terms of future and current costs for your physical and emotional suffering. They will then review your financial losses to estimate the value of your case. The damages could include not just your current and future medical expenses but also income loss and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing all available evidence. They will also gather the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the collision. This is particularly important when there was a collision involving an Uber or Lyft vehicle or any other indication that the driver was working on the clock.

As part of the process of discovery, your lawyer will also inquire about the defendant's traffic and criminal offense records. Generally, auto accident attorney alhambra are not admissible in court, however they could be helpful to discredit the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After obtaining the medical records then your lawyer will begin negotiations on settlement. In the beginning, the insurance company will make an offer that is often much lower than what you request in the letter. This is a way to determine the credibility of your argument. In the counteroffer, it is important to emphasize the strongest points in your favor - for instance, that the insured was fully at the fault and that you sustained serious injuries that resulted in significant medical expenses. Negotiating back and forth could eventually result in an acceptable and reasonable amount.

An experienced accident lawyer can effectively argue for the merits of your claim including presenting evidence to support your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to calculate the value of each element of your claim, including loss of income, pain and suffering.

At this point, if the insurance company continues to refuse to offer a fair amount, we have the option to make a claim in court. A trial usually lasts one or two days and can be heard by an individual judge (called a bench trial) or by jurors. If your case is settled before reaching this stage the process could last months. Your lawyer may also be able file a summary motion to enter judgment. This means claiming that all evidence is in your favour, and arguing that it's impossible to allow the opponent to win.

Filing an action

In the majority of car crash instances, parties can resolve their disputes outside of court. Our team will assist you in negotiating an agreement with the insurance company of the other driver company, or directly with the person at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will outline your claims and details about the cause of the crash and the reason you should be compensated. The defendant will be served the Complaint and given a certain period of time to respond to it.

The discovery stage is when our lawyers and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will be asking questions to the defendant's lawyer about their interpretation of the events, focusing on what damages you've suffered and how 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's ruling on. This can include requests for the court to omit certain evidence, or to set the date for a trial. It can take up one year for the discovery process to be completed and a trial date established. It is essential to speak with an experienced Long Island auto accident attorney early in the process.

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