12 Companies Setting The Standard In Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who has experience in car accident litigation will be able to help you determine the strength of your case and how much settlement you could receive. But this is only possible if you have all the necessary information.
The first step in a car crash lawsuit is known as discovery. During this phase attorneys and their teams exchange documents and ask questions under an oath.
Documentation
A significant portion of the work involved in a car crash case is obtaining documentation. This could include evidence such as photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case will be.
A police report is the very first document you need. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will give valuable information about the accident and the person responsible for it.
If needed your lawyer has the option of using an investigation report to collect additional evidence. For instance, if an incident took place in a commercial, an employee at that site might have recorded video footage of the incident. If this is the case, seek a copy from the business.
Document any expenses you incurred because of the center line auto accident lawsuit. Document any expenses you incurred due to. These could include medical bills and records of your treatment, receipts from medications rental car costs and in-home care or assistance, transportation costs and more. It is important to record any income you lose due to your injury. You can use tax returns and pay stubs.
If you are able to, request the names of witnesses to the incident as well. They might be able to provide important information, particularly if you can convince them to testify in court. It is important to keep in mind that witnesses can change their testimony over time and could forget specific details about the accident.
Intake and Investigation
The intake process is essential to obtaining an adequate amount of compensation for your injuries from an accident, whether you have made an insurance claim or are suing the at-fault party. Your attorney will begin by looking over your medical records, and obtaining copies of accident reports and other evidence. They will also visit the scene of the crash to document and observe what they can.
This information will assist them comprehend the severity of your injuries, both in terms of future and anticipated costs for your emotional and physical suffering. Then, they'll review your current and future financial losses in order to estimate the value of your case. The damages you suffer could include not only future and ongoing medical expenses, but also your lost income and property damage.
Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing all available evidence. They will also obtain driving and cell phone records of the driver at fault in order to determine how they used their vehicle during the time. This is especially important if there was a collision that involved an Uber or Lyft car or any other evidence that suggests the driver was on the clock.
Additionally your lawyer will also inquire about the defendant's past criminal and traffic offense history during the discovery process. These details are generally not admissible in court, however they could be helpful to discredit the credibility of the defendant during cross-examination.
The process of negotiating a settlement
After you have received your medical records, you are able to start settlement negotiations. Initially, the insurance company will offer an offer that is often substantially lower than the amount you request in the letter. This is a tactic to assess how strong your argument is. In the counteroffer, you must be crucial to highlight the most powerful arguments for your side - for instance, that the insured was completely at fault and that you suffered severe injuries with the highest medical costs. Eventually, the back and forth negotiation should result in an amount that is both fair and reasonable.
An experienced attorney can effectively argue for the benefits of your claim, by presenting evidence to prove your losses. This could include photos of the car damages, police reports and witness testimony. We also know how to calculate the value of different elements of your claim, like loss of income, suffering and pain.
If, at this point, the insurance company is still refusing to offer a fair amount, we can choose to make a claim in court. A trial usually lasts between one and two days. It is supervised by an individual judge (called a bench trial) or by jurors. If your case is settled prior to reaching this phase, the process can take months. Your attorney may also be able to file a summary judgment motion. This is where you present all the evidence in your favor and arguing that it is impossible for the other side to win.
Filing a Lawsuit
In a majority of cases involving car accidents the parties can resolve their disagreement outside of court. Our team will help you negotiate with the insurance company of the driver who caused the oregon auto accident lawyer or directly with the driver at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint outlines your claims and allegations relating to the incident and why you are entitled to compensation. The defendant is served the Complaint and given a set amount of time to answer.
During the discovery phase, our attorneys will discuss documents and other materials with the defendant and ask questions through interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, focusing on what they believe happened, how they believe it happened and what injuries you have suffered. We will also seek out experts to back our claims.
During the discovery phase, your lawyer may submit legal documents known as motions to the court for a judge's ruling on. This can include requesting the judge to exclude evidence or schedule a trial. It can take up to one year for the discovery process to be completed and a trial date set. It's crucial to consult with an experienced Long Island Dansville auto Accident lawyer accident attorney as early as possible during the process.