• 글쓰기
• 목록

The Intake Process for Car Accident Litigation

A lawyer who is experienced in car aventura auto accident law firm litigation will be able to assist you determine the worth of your case and the amount of settlement you can get. This is only possible when all the information you require is available.

The initial step in a car crash lawsuit is called discovery. In this phase, attorneys and their teams discuss documents and answer questions under an oath.

Documentation

A large portion of the work involved in a car wreck case is collecting evidence. This may include evidence such as photographs, medical records or witness statements. Generally, the more documentation you have to support your claim the stronger your case will be.

The first piece of documentation you need is a law enforcement report. The police officer who arrives at the accident scene will typically prepare a report. This will provide valuable information about the accident and the person responsible for it.

Your attorney can also use the report of a law enforcement officer to obtain additional evidence in the event of need. For instance, if an incident occurred at a company, an employee at that location might have recorded footage of the incident. If this is the case, ask for a copy of the footage from the company.

Document any expenses you incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. These could include medical bills and records of your treatment, receipts for medications, rental car fees and in-home assistance or care as well as transportation costs and many more. It is important to record any income lost due to your injury. This could include old pay stubs as well as tax returns.

You should also obtain the names of witnesses. These people may be able to provide important information, particularly if you are able to get them to give evidence in court. However, it's important to remember that witnesses may alter their accounts over time, and may forget details of the accident.

Intake and Investigation

Whether you have made an insurance claim with an company or are preparing legal action against a negligent driver, the intake process is crucial to getting an adequate and fair settlement for your injuries from a crash. Your attorney will begin by looking over your medical records, and obtaining copies of Gilbert Auto Accident Law Firm reports as well as other evidence. They will also visit and document the accident scene.

This information will allow them to assess the severity of the harm you've suffered as well as the future and current costs for your emotional or physical suffering. Then, they will look at your financial losses to determine the worth of your case. Damages could include not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any evidence. They will also gather the driver who was at fault and their driving phone records to determine what they were doing with their vehicle at the time of the crash. This is particularly important if there was a collision involving an Uber or Lyft car, or any other indication that the driver was working on the clock.

Additionally your lawyer will also ask questions regarding the defendant's prior criminal and traffic-related offenses in the discovery process. These details are generally not admissible in court, however they could be helpful to impeach the defendant's credibility in cross-examination.

Negotiating a Settlement

After receiving the medical records, you are able to begin settlement negotiations. The insurance company may make an initial offer that is smaller than the amount that you demanded in your letter. This is a method to determine the strength of your case. In the counteroffer it is crucial to highlight the most powerful arguments you have in your favor - for example, the insured was entirely at the fault, and that you suffered severe injuries with significant medical expenses. In the end, the back and forth negotiation should result in an amount that is reasonable and fair.

An experienced attorney can successfully argue the merits of your claim, by presenting evidence to prove your losses. This may include photos of your car damages, police reports and witness testimony. We know how to calculate various elements of your claim like lost income as well as pain and suffering, and police reports.

If the insurance company is unwilling to pay a reasonable amount at this point, we may file a lawsuit. A trial typically lasts between one and two days and is ruled on by either a judge or jury. If your case is settled before this point it could take a few months. Your attorney may also be able file a summary judgment motion. This involves asserting all of the evidence in your favor and arguing that it's impossible for the opposing side to win.

Filing an action

In a majority of car accident cases, the parties are able to resolve their disputes outside of court. Our team will help you negotiate an agreement with the other driver's insurance company, or directly with the party at fault. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will list your claims and allegations about the circumstances of the crash and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a certain amount of time to respond to it.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, focusing on what they believe happened during the crash, as well as how they think it took place and what injuries you've suffered. We will also solicit expert opinions that will support our stance.

During the discovery process your lawyer can submit legal documents known as motions to the court to a judge's decision on. This could include requests for the court to block certain evidence, or to set a trial date. It could take a full year or more to complete the discovery process and determine the trial date for your case. This is why it's important to find a knowledgeable Long Island car accident attorney early on in the process.