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A lawyer with expertise in litigation involving car accidents can assist you in determining how strong your case is as well as how much your settlement could be worth. This is only possible if all the information you need is available.
The initial step in a lawsuit involving a car accident is called discovery. During this stage, attorneys and their teams will exchange documents and discuss questions under the oath.
Documentation
Documentation is a major aspect of the investigation in a car accident. This may include evidence like photographs, medical records, or witness statements. The more documentation that you have the more convincing your case.
A law enforcement report is the first piece of paper you should have. The police officer who arrives at the scene will usually prepare a report. This report will provide important information about the accident and who was responsible for it.
If needed your lawyer has the option of using a police report to gather additional evidence. If the incident occurred in an office such as a place of business an employee could have recorded video footage. If this is the case, you must request a copy from the company.
You should also document the costs you have incurred as a result of the accident. This could include medical bills and records of your treatment, receipts for medicines, rental car fees home care or assistance as well as transportation costs and many more. It is important to record any income lost due to your accident. This can include old pay stubs as well as tax returns.
You should also find the names of witnesses. They might be able provide valuable information, particularly if you are able to get them to give evidence in court. However, it's important to remember that witnesses can alter their stories over time and forget details of the incident.
Intake and Investigation
The process of intake is crucial in obtaining an adequate amount of compensation for your injuries sustained in an accident, whether you have submitted an insurance claim or are suing the party at fault. Your attorney will start by looking over your medical treatment records, obtaining copies of accident reports, and other evidence. They will also go to and document the accident scene.
This information will assist them determine the extent of your injuries as well as the current and projected future costs for your physical and emotional suffering. Then, they'll review your current and future financial losses to determine the worth 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 investigate the incident, including questioning witnesses and analyzing any available evidence. They will also take the at-fault driver's driving and phone records to determine what they were doing with their vehicle at the time of the accident. This 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, since it could affect their ability to pay for your damages.
As part of the discovery procedure, your lawyer will also ask about the defendant's traffic and criminal conviction records. These details are generally not admissible in court, but they could be helpful to undermine the credibility of a defendant in cross-examination.
Negotiating a Settlement
Once you have received the medical records, you can start settlement negotiations. Initially, the insurance company may make an offer that is often substantially lower than the amount you request in the letter. This is an opportunity to determine the strength of your case. In the counteroffer it is important to highlight the strongest arguments you have in your favor - for example, the insured was entirely at blame and that you were afflicted with severe injuries with the highest medical costs. In the end, bargaining back and forth should get you to an amount that is both reasonable and fair.
An experienced accident lawyer can successfully argue your claim's merits including presenting evidence to back your losses. This could include photos of the car damage, a police report and witness testimony. We also know how to calculate the value of various components of your claim, like loss of income, pain and suffering.
If at this point the insurance company refuses to offer a reasonable amount, we may choose to file a lawsuit in court. A trial typically lasts between one and two days and is heard either by jurors or a judge. If your case settles prior to this stage, it can take several months. Your attorney may be in a position to file a motion for summary judgment. This means presenting all of the evidence in your favor and arguing that it is impossible for the opposing side to prevail.
Filing an action
In the majority of car crash cases parties can settle their disputes without going to court. Our team will work to assist you in negotiating an agreement with the other driver's insurance company, or directly with the person at fault. If an agreement cannot be reached the lawyers of our firm will start a lawsuit against the defendant. The Complaint will include your claims and allegations about how the accident occurred and why you deserve compensation. The defendant is served the Complaint, and given a specified period of time to reply.
During the discovery phase, our lawyers will exchange documents and other material with the defendant, while asking questions via interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, including the circumstances under which they believe the crash took place and savannah auto accident attorney what injuries you've suffered. We will also search for experts to back our claims.
During the discovery process your lawyer could file legal documents called motions to the court to a judge's decision on. This can include requests for the court's decision to exclude certain evidence, or to set the date for a trial. It can take a year or more to complete the discovery process and determine the trial date for your case. This is the reason it's essential to partner with an experienced Long Island car accident attorney early in the process.
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