The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car accident litigation will help you determine how strong your case is as well as how much your settlement could be worth. But this is only possible when you have all the relevant information.

Discovery is the very first step of an port huron auto accident lawyer accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

Documentation is a large element of a car accident. This could include evidence such photographs, medical records, or witness statements. Generally speaking, pipewiki.org the more evidence you can provide to support your claim the stronger your claim will be.

The first document you should have is a police report. The police officer who arrives at the scene of the accident is likely to prepare a written report. It will provide important details about the accident and who was responsible.

Your attorney can also use an official report from law enforcement to pursue additional evidence in the event of need. If the accident occurred in an office, for example an employee might have recorded video footage. If this is the case, you should seek a copy from the business.

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

If you can, collect the names of any witnesses to the accident as well. They could be valuable sources of information for your case, particularly if they are able to be a witness in a trial. However, it's important to keep in mind that witnesses can change their story over time and forget details of the incident.

Intake and Investigation

If you have made an insurance claim with an company or are starting a lawsuit against an at-fault driver, the process of intake is essential to receive full and fair compensation for the accident injuries. Your attorney will start by reviewing your medical treatment documents, as well as copies of accident reports and other available evidence. They will also visit and document the scene of the accident.

This information will allow them to understand the extent of the injuries you've suffered as well as the cost and projections for your physical or emotional suffering. They will also review your existing and expected financial losses to determine the value of your case. The damages 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, which includes interviewing witnesses and analyzing any available evidence. They will also collect the driver at fault's driving records and cell phone records to see how they used their vehicle at the time of the crash. This is especially important in the event that there was a collision that involved an Uber or Lyft car or any other evidence that suggests the driver was working on the clock.

Additionally, your attorney will likely ask questions about the defendant's previous criminal and traffic offense history in the discovery process. Generally, these details are not admissible in court, however they can be useful to undermine the credibility of a defendant in cross-examination.

Negotiating a Settlement

After you have obtained the medical records after which your lawyer can start negotiations to settle the matter. The insurance company is likely to make an initial offer that is much lower than the amount you demanded in your letter. This is an opportunity to determine the strength of your case. In the counteroffer, it's important to emphasize the strongest points in your favor - for example, that the insured was completely at the fault and that you sustained serious injuries that resulted in the highest medical costs. Negotiating back and forth should eventually result in an equitable and reasonable amount.

A skilled accident attorney can successfully argue the merits of your claim including presenting evidence that supports 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 or pain and suffering, as well as police report.

If the insurance company refuses to pay an acceptable amount at this point, baiksan.kr we could make a claim. A trial usually lasts between one and two days and is conducted by an attorney or a jury. If your case is settled before reaching this stage the process could take 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 opposition to prevail.

Filing a Lawsuit

In the majority of car crash cases, the parties are able to resolve their disagreement without going to court. Our team will work to help you negotiate an agreement with the other driver's insurance company or directly with the party at fault. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint will list your claims and allegations regarding the circumstances of the crash and why you are entitled to compensation. The defendant will be served the Complaint and given a specified timeframe to respond.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of events, focusing on how they believe the crash occurred and the injuries you've sustained. We will also seek expert opinions to support our position.

During the discovery phase, your lawyer could file legal documents called motions to the court for a judge to rule on. This may include requesting the judge to exclude evidence or to schedule a trial. It could take up to an entire year for the discovery process to be completed and a trial date scheduled. This is the reason it's essential to partner with an experienced Long Island car accident attorney at the beginning of the process.