12 Companies Are Leading The Way In Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who has experience in litigation involving car accidents can help you determine the strength of your case and the amount of settlement you could receive. This is only possible if all the information you require is available.
The first step in a car accident lawsuit is called discovery. In this stage, attorneys and their teams discuss documents and answer questions under an oath.
Documentation
Documentation is an integral aspect of the investigation in an accident. This could include evidence such as photos, medical records or witness statements. Generally speaking, the more evidence you can provide to support your claim, the stronger your argument will be.
The first piece of evidence you need is a report from the police. Typically the police officer that arrives at the scene of the accident will draft a report, and this will give important details about what happened and who was responsible for the incident.
Your attorney may also make use of a law enforcement report to seek additional evidence if necessary. If auto accident law firm baltimore occurred at an office for instance an employee could have recorded video footage. If this is the case, you should request a copy from the business.
You should also keep track of the expenses you incur as a result of the accident. These could include medical bills and records for your treatment, receipts for medicines rental car charges, in-home care or assistance, transportation costs, and much more. Additionally, you must keep track of any income loss because of your accident. You can use tax returns and pay stubs.
If you are able, obtain the names of witnesses to the incident as well. They might be able provide valuable information, especially if you are able to get them to be a witness in court. It's important to remember that witnesses may alter their accounts and forget details about the accident over time.
Intake and Investigation
The intake process is essential in obtaining fair compensation for your accident injuries regardless of whether you've filed a claim with an insurance company or are suing the at-fault party. Your lawyer will begin by looking over your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.
This information will help them determine the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. They will then look over your existing and expected financial losses to determine the total value of your case. The damages could include not only future and current medical expenses, but also loss of income and property damage.
Your lawyer will also conduct an investigation and interview witnesses and analyzing all the available evidence. They will also obtain the driver who was at fault and their driving cell phone records to see what they were doing with their vehicle at the time of the accident. This is particularly important if there was a collision involving an Uber or Lyft vehicle or any other evidence that suggests the driver was working on the clock.
As part of the process of discovery the lawyer will ask about the defendant's criminal and traffic conviction records. These details are generally not admissible, but can be used to undermine the credibility of the defendant during cross-examination.
The process of negotiating a settlement
Once you have the medical records, it is possible to begin settlement negotiation. The insurance company may make an initial offer that is less than the amount you requested in your letter. This is a method to assess the strength of your case. In your counteroffer, it's important to highlight the strongest arguments in your favor. For instance, if you claim that the insurance company was at fault and that there were severe injuries and significant medical expenses. In the end, a lot of the back and forth negotiation will lead to an amount that is both fair and reasonable.
An experienced accident lawyer will effectively argue the merits of your claim including presenting evidence that supports your losses. This may include photos of the car damage, a police report and witness testimony. We also know how to determine the value of different elements of your claim, such as lost income and suffering and pain.
If the insurance company is unwilling to pay an appropriate amount at this point, we can file a lawsuit. A trial usually lasts for between one and two days. It is usually ruled by an individual judge (called a bench trial) or jurors. If your case settles before reaching this phase the process could last months. Your attorney may be eligible to file a motion for summary judgement. This is where you present all the evidence to your advantage and arguing that it is impossible for the opposing side to win.
Filing a Lawsuit
In the majority of car crash cases, the parties are able to resolve their disagreement without going to court. Our team can help you negotiate with the insurance company of the other driver or directly with the party at fault. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and details about the cause of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a particular timeframe to respond.
During the discovery phase, our lawyers will exchange documents and other information with the defendant, while asking questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions about their version of events, including what they believe happened, how they believe it took place and what injuries you have suffered. We will also look for experts to back our position.
During the discovery phase, your lawyer can submit legal documents known as motions to the court for a judge to rule on. This can include requests for the court to omit certain evidence or to schedule a trial date. It can take as long as a year for the discovery process to be completed and a trial date scheduled. This is why it's important to work with an experienced Long Island car accident attorney early in the process.