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A lawyer who has experience in car accident litigation will be able to assist you determine the potential strength of your case and the amount of settlement you could receive. This is only possible when all the information you need is available.
The initial step in a lawsuit involving a car accident is known as discovery. In this phase attorneys and their teams exchange documents and ask each other questions under swearing.
Documentation
A large portion of the work that goes into a car accident investigation is gathering evidence. This can include evidence such as photos, medical records, or witness statements. Generally speaking, the more evidence you have to back your claim, the more convincing your argument will be.
A law enforcement report is the very first document you need. Typically the police officer who comes to the scene of the accident will prepare reports, and these will provide important information about the circumstances of the crash and who was responsible for the incident.
If needed you need to, your attorney can make use of a police report to gather additional evidence. For instance, if an incident occurred in a business the employee who worked at that area may have recorded footage of the incident. If this is the case a copy of the tape should be requested from the business as quickly as it is possible.
Document any expenses you incurred as a result of the accident. Document all expenses you have incurred as a result of. These could include medical bills and records for your treatment, receipts for medicines rental car charges and in-home assistance or care as well as transportation costs and much more. Also, you should document any income lost due to your injury. You can use tax returns and pay stubs.
If you can, collect the names of any witnesses to the accident as well. They can be valuable sources of information for your case, particularly those who are able to give evidence at trial. It is important to keep in mind that witnesses can change their accounts over time, and forget details of the incident.
Intake and Investigation
If you have filed an insurance claim with an company or have started a lawsuit against an at-fault driver, the initial intake process is essential to obtaining the fair and complete compensation you deserve for your injuries from a crash. Your lawyer will begin by reviewing your medical treatment records, and obtaining copies of Anadarko north palm beach auto accident lawyer Accident Lawyer (Https://Vimeo.Com) reports and other evidence. They will also visit the scene of the crash to observe and document what they can.
This will help them know the extent of your injuries in relation to current and projected future costs for your physical and emotional suffering. Then, they will review your financial losses to determine the value of your case. Your damages can include not only your current and future medical costs but also lost income and property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also gather driving and cell phone records of the at-fault drivers to see how they used their vehicle at that time. This is particularly important when there was a collision with an Uber or Lyft car or any other indication that the driver was working around the clock.
In addition to this, your attorney will likely inquire regarding the defendant's prior criminal and traffic convictions as part of the discovery process. These information is generally not admissible but could be used to undermine the defendant's credibility during cross-examination.
Negotiating a Settlement
After you have obtained the medical records then your lawyer will begin negotiations on settlement. Initially the insurance company may make an offer which is usually substantially lower than the amount you request in the letter. This is a method to assess the strength of your argument. In the counteroffer it is important to highlight the strongest arguments you have in your favor - for instance, that the insured was entirely at blame and that you were afflicted with severe injuries with high medical costs. Negotiating back and forth could eventually lead to an acceptable and reasonable amount.
A skilled attorney for accidents will effectively argue the merits of your claim, including presenting evidence to support your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to determine the value of each element of your claim, including lost income and pain and suffering.
If the insurance company is unwilling to pay an amount that is reasonable at this point, we may file a lawsuit. A trial typically lasts between one and two days and is heard either by an attorney or a jury. If your case is settled prior to this stage it can take a few months. Your attorney may be able to file an application for Anadarko Auto Accident Lawyer summary judgment. This is a way of claiming that all evidence is in your favor and arguing that it is impossible for the opposition to win.
Filing a Lawsuit
In a majority of car accident cases, the parties are able to settle their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person who was at fault. However, if an agreement is not reached, our lawyers will initiate an action against the defendant. The Complaint will detail your assertions and allegations regarding the circumstances of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a certain timeframe to respond.
The discovery phase is where our lawyers and the defendant begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will be asking questions to the defendant's lawyer about their interpretation of the events, focusing on what injuries you have suffered and the way they believe it happened. We will also seek experts to back our position.
During the discovery phase, your lawyer can submit legal documents, also known as motions with the court to be ruled on by a judge. This can include requests for the court to block certain evidence or set a trial date. It can take as long as an entire year for the discovery process to be completed and a trial date to be set. This is why it's crucial to consult with a seasoned Long Island car accident attorney early on in the process.
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