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A lawyer who has experience in defending car accident cases will be able to help you determine the strength 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 lawsuit involving a car accident is called discovery. During this stage attorneys and their teams exchange documents and discuss their respective cases under oath.
Documentation
Documentation is a significant aspect of the investigation in an auto accident. This can include evidence like photos, medical records or witness statements. The more documentation that you have the more convincing your case will be.
The first piece of evidence that you must have is a law enforcement report. The police officer who arrives at the scene of the accident will usually write a report. This will provide valuable information regarding the accident as well as who was responsible for it.
If required, your attorney can use a police report to gather additional evidence. For example, if the incident took place in a commercial where employees were present, the site might have recorded footage of the incident. If this is the case the tape must be requested from the company as soon as is possible.
Record any expenses you have incurred because of the accident. Document any expenses you incurred due to. These could include medical bills and records for your treatment, receipts from medication, rental car fees and in-home assistance or care as well as transportation costs and many more. In addition, you should keep track of any income loss as a result of your injury. This can include old pay stubs as well as tax returns.
It is also advisable to obtain the names of witnesses. These witnesses can be valuable sources of information for your case, especially if they are able to give evidence at trial. It is important to remember that witnesses can alter their accounts and forget details about the incident as time passes.
Intake and Investigation
The process of intake is vital in obtaining an adequate amount of 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 attorney will start by looking over your medical treatment documents, and then obtaining copies accident reports and other evidence. They will also visit the scene of the accident to record and observe what they can.
This will help them know the extent of your injuries as well as the future and anticipated costs for your physical and emotional suffering. They will then review your current and future financial losses to estimate the value of your case. Damages could include not just your current and future medical expenses but also income loss and property damage.
Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any available evidence. They will also gather the at-fault driver's driving and cell phone records to see the way they used their vehicle at the time of the accident. This is particularly important when there was a collision with an Uber or Lyft vehicle, or any other indication that the driver worked while on the clock.
Additionally your attorney may inquire regarding the defendant's prior criminal and traffic-related offenses in the discovery process. These details are typically not admissible, but can be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
After you have obtained the medical records, your lawyer can begin negotiations to settle the matter. The insurance company may make an initial offer that is much smaller than the amount that you requested in your letter. This is a method to test the credibility of your argument. In your counteroffer, it's essential to highlight the most compelling arguments to your advantage. For example, that the insurance company was in the wrong and that there were severe injuries and significant medical expenses. Negotiating back and forth will eventually lead to an appropriate and fair amount.
An experienced attorney can successfully argue the merits of your case, including presenting evidence that supports your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to determine the value of various elements of your claim, such as lost income and pain and suffering.
If the insurance company refuses to pay an amount that is reasonable at the moment, we can start 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 a jury. If your case settles before this point it could take a few months. Your attorney may also be able to file a summary motion to enter judgment. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the other side to prevail.
Filing a Lawsuit
In the majority of car accident cases parties can settle their dispute outside of court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the person at fault. If an agreement cannot be reached our lawyers will initiate an action against the defendant. The complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a specific period of time to respond.
The discovery phase is when our lawyers and the defendant will begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, including the circumstances under which they believe the crash happened and what injuries you've suffered. We will also request expert opinions that enforce our position.
During the process of discovery, your lawyer can file legal documents called motions to the court for a judge's ruling on. This could include asking the judge to exclude evidence or schedule a trial. It could take a year or more to complete the discovery process and establish the trial date for your case. This is why it's vital to work with an experienced Long Island car accident attorney at the beginning of the process.