12 Companies Setting The Standard In Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who has experience in defending car accident cases will be able to help you determine the strength of your case and how much settlement you could get. However it is only possible with all the necessary information.
Discovery is the very first step of a car accident case. During auto accident attorneys odessa , attorneys and their teams exchange documents and discuss questions under the oath.
Documentation
A large portion of the work that goes into a car accident case is collecting evidence. This can include evidence such as 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 should have is a law enforcement report. Typically the police officer that arrives at the scene of the accident will prepare an investigation report. This will provide crucial information on the circumstances of the crash and who was at fault for the incident.
Your lawyer may also utilize a law enforcement report to gather additional evidence, if needed. For instance, if an incident occurred in a business the employee who worked at that location may have recorded footage of the incident. If this is the case, ask for a copy of the footage from the company.
Keep track of any expenses you incur because of the accident. Document any expenses you incurred due to. This could include medical bills and records of your treatment, receipts from medication, rental car charges for in-home assistance, care at home, transportation costs and more. You should also document the loss of income due to your accident. This could include old pay stubs as well as tax returns.
If you can, collect the names of witnesses to the accident as well. These people can serve as valuable sources of information for your case, particularly those who are able to be present at trial. It is important to keep in mind that witnesses may alter their accounts and forget details about the incident over time.
Intake and Investigation
The process of intake is crucial in obtaining fair compensation for your injuries sustained in an accident regardless of whether you've made an insurance claim or are suing the responsible party. Your lawyer will begin by looking through your medical documents, and then obtaining copies accident reports, and other evidence. They will also go to and document the scene of the accident.
This will allow them to assess the severity of the harm you've suffered as well as the actual and projected costs for your emotional or physical suffering. They will then review your current and future financial losses in order to determine the value of your case. The damages could comprise not only your current and future medical expenses, but also lost income and property damage.
Your lawyer will also investigate the incident, including questioning witnesses and analyzing any evidence. They will also take the driver who was at fault and their driving phone records to determine what they were doing with their vehicle at the time of the collision. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was on the job, since this could negatively impact their ability to pay for your damages.
As part of the discovery process, your lawyer will also inquire about the defendant's criminal and traffic offense records. These details are generally not admissible, but can be used to undermine the defendant's credibility in cross-examination.
The process of negotiating a settlement
Once you have the medical records, you are able to begin settlement negotiations. The insurance company will often make an initial offer that is less than what you demanded in your letter. This is a way to test the credibility of your argument. In the counteroffer, you must be important to highlight the strongest arguments for your side - for example, the insured was completely at the fault and that you sustained severe injuries with high medical expenses. Negotiating back and forth could eventually result in an equitable and reasonable amount.
A skilled lawyer for accidents can effectively argue your claim's merits, including presenting proof to support your losses. This could include photos of the damage to your car or a police report, as well as witness testimony. We have the ability to calculate various aspects of your claim such as lost income or pain and suffering, as well as police reports.
If at this point the insurance company refuses to provide a reasonable amount, we have the option to start a lawsuit in the courtroom. A trial typically lasts between one and two days, and is ruled on by an attorney or a jury. If your case is settled before this point it can take a few months. Your attorney may be able to file a motion for summary judgement. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the other side to win.
Filing an action
In the majority of car accident cases, the parties can settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will list your claims and details about how the accident occurred and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a specified time frame to respond to it.
During the discovery phase, our lawyers will exchange documents and other materials with the defendant and ask questions via interrogatories and depositions. Our team will inquire to the lawyer representing the defendant about their version of the events, focusing on what injuries you've suffered and how they believe it happened. We will also seek experts to back our position.
During the process of discovery, your lawyer can file legal documents called motions to the court for a judge's ruling on. This may include requests for the court to omit certain evidence or to schedule the date for a trial. It could take a full year or more to complete the discovery process and determine the trial date for your case. This is why it's important to find a knowledgeable Long Island car accident attorney early on in the process.