The Intake Process for Car Accident Litigation
A lawyer who has experience in car accident litigation will be able to help you determine the potential strength of your case and the amount of settlement you could get. This is only possible if all the information you need is available.
Discovery is the very first step of a car accident case. In this phase, attorneys and their teams will discuss documents and answer questions under oath.
Documentation
A large portion of the work that goes into a car accident case is collecting evidence. This can include evidence like medical records, photos or witness statements. The more evidence you have the more convincing your case.
A law enforcement report is the first document you need. The police officer who arrives at the scene will typically prepare a report. This will provide valuable details about the incident and the person responsible for it.
Your attorney can also use the report of a law enforcement officer to seek additional evidence, if needed. For instance, if the incident took place in a commercial the employee who worked at that site might have recorded footage of the incident. If this is the case, a copy of the tape must be requested from the company as soon as is possible.
Document any expenses you incurred because of the accident. This can include medical bills, records of your treatment, medication receipts rental car fees as well as in-home assistance or care transport costs, and many more. In addition, you should record any income loss because of your accident. You can use old tax returns and pay stubs.
If you are able to, request the names of any witnesses to the incident as well. They could be important sources of information in your case, particularly if they are able to be a witness in a trial. It is important to remember that witnesses are prone to altering their stories over time and forget details of the incident.
Intake and Investigation
The intake process is essential to getting an adequate amount of settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or are suing the responsible party. Your lawyer will begin by reviewing your medical treatment documents, and then obtaining copies accident reports, and other evidence. They will also visit the site of the accident to record and observe what they can.
This will allow them to determine the severity of the injuries you've sustained, both in terms future and current costs for your emotional or physical suffering. Then, they will review your financial losses in order to determine the worth of your case. The damages could include not just future and present medical expenses, but also your loss of income and property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any evidence. They will also gather information about the driving habits and cell phones of the at-fault drivers to determine how they used their vehicle at that time. auto accident attorney memphis is especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working while on the job, as this could negatively impact their ability to cover your damages.
As part of the process of discovery the lawyer will inquire about the defendant's criminal and traffic offense records. Generally speaking, these facts are not admissible in court, however they can be useful to discredit the credibility of the defendant during cross examination.
The process of negotiating a settlement
After you've obtained the medical documents then your lawyer will begin negotiations to settle the matter. The insurance company will often make an initial offer that is much lower than the amount you demanded in your letter. This is a method to determine the strength of your case. When you counteroffer, it's crucial to emphasize the most important arguments to your advantage. For instance, if you claim that the insurance company was responsible and that there were serious injuries and high medical costs. The process of negotiating back and forth should eventually lead to a fair and reasonable amount.
A skilled lawyer for accidents can effectively argue your claim's merits, including presenting evidence to prove your losses. This may include photos of your car damage, police reports, and witness testimony. We also know how to calculate the value of different elements of your claim, including lost income and pain and suffering.
If the insurance company is unwilling to pay an appropriate amount at the moment, we can bring a lawsuit. A trial typically lasts between one and two days, and is heard either by a judge or a jury. If your case is settled before this point it could take several months. In addition, your attorney might be in a position to file an application for summary judgment. This is where you present all the evidence to your advantage and arguing that it's impossible for the other side to prevail.
Filing an action
In the majority of car accident cases the parties can resolve their disputes outside of court. Our team will work to assist you in negotiating an agreement with the insurance company, or directly with the person at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will include your claims and details about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain period of time to reply.
The discovery phase is where our lawyers and the defendant will begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their version of the events, including what injuries you have suffered and the way they believe it took place. We will also request expert opinions to support our position.
During the discovery phase, your lawyer can make legal documents known as motions with the court for a decision by a judge. This could mean asking the judge to exclude evidence or set a trial date. It could take a full year or more to complete the discovery process and establish an appointment date for your case. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible in the process.