10 Meetups About Auto Accident Claim You Should Attend
The Intake Process for Car Accident Litigation
A lawyer with expertise in car accident litigation can help you determine how strong your case is and how much your settlement could be worth. This is only possible when all the information you need is available.
Discovery is the very first step of an dahlonega auto accident law firm accident case. During this phase, attorneys and their teams exchange documents and ask each other questions under an oath.
Documentation
A lot of the work involved in a car crash case is collecting documentation. This may include evidence like medical records, photos, or witness statements. In general, the more evidence you can provide to support your claim, the stronger your case will be.
A law enforcement report is the primary document you need. The police officer who arrives at the scene of an accident will typically prepare a report. It will give valuable details about the incident and who was responsible.
If needed your attorney has to use an investigation report to collect additional evidence. If the incident occurred in the workplace, for example an employee might have recorded video footage. If this is the case, a copy of the tape should be requested from the company as soon as is possible.
You should also record the expenses you incur as a result of the accident. These could include medical bills and records for your treatment, receipts for medication rental car charges, in-home care or assistance as well as transportation costs and more. You should also document any income loss due to your injury. This could include old pay stubs and tax returns.
If you can, get the names of any witnesses to the incident as well. They may be able to provide important information, especially if you can convince them to appear in court. But, it's important to remember that witnesses may alter their story over time and may forget details of the incident.
Intake and Investigation
If you have filed a claim with an insurance firm or are beginning legal action against a negligent driver, the initial intake process is crucial to getting the fair and complete compensation you deserve for the injuries you sustained in a crash. Your attorney will begin by examining your medical records, obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the accident.
This information will allow them to determine the extent of your injuries both in terms of future and anticipated costs for your physical and emotional suffering. Then, they will look at your financial losses to determine the value of your case. The damages could not be limited to just future and present medical expenses, but also your lost income and property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also take the driver at fault's driving and cell phone records to see how they used their vehicle at the time of the accident. This is particularly important if there was a collision with an Uber or Lyft car, or any other indication that the driver was on the clock.
As part of the process of discovery Your lawyer will ask about the defendant's traffic and criminal offense records. These details are typically not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.
The process of negotiating a settlement
After receiving the medical records, you're able to start settlement negotiations. The insurance company will often make an initial offer that is less than the amount you demanded in your letter. This is an opportunity to test the credibility of your argument. In your counteroffer, it is essential to highlight the most compelling arguments you have to your advantage. For example, that the insurer was at fault and that there were severe injuries and the medical costs were high. In the end, back and forth bargaining should result in an amount that is both fair and reasonable.
A skilled attorney can successfully argue your claim's merits, by presenting evidence to justify your losses. This could include photos of the car's damage or a police report, as well as witness testimony. We also know how to calculate the value of various elements of your claim, including loss of income, pain and suffering.
If, at this point, the insurance company is still refusing to offer a fair amount, we can choose to make a claim in court. A trial typically lasts between one and two days and is judged by a judge or a jury. If your case settles prior to this phase it can take a few months. Your attorney might also be able to file a summary motion to dismiss. This involves asserting that all evidence is in your favour, and arguing it's impossible for the opponent to win.
Filing an action
In the majority of car accident cases, the parties can settle their dispute without the need for court. Our team will assist you in negotiating a settlement with the insurance company or directly with the at-fault party. However, if an agreement is not reached the lawyers of our firm will start an action against the defendant. The Complaint will list your assertions and allegations regarding the circumstances of the crash and why you deserve compensation. The defendant is served the Complaint, and given a set amount of time to answer.
During the discovery phase, our attorneys will share documents and other materials with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, including what they believe happened during the crash, as well as how they think it happened and what injuries you've suffered. We will also seek out experts to back our claims.
During the discovery phase, your lawyer could file legal documents known as motions in court for the decision of an individual judge. This can include requesting the court to block evidence or to schedule a trial. It can take up one year for the discovery process to be completed and a trial date scheduled. It's crucial to consult with an experienced Long Island jefferson city auto accident law firm accident attorney early during the process.