10 Quick Tips About Auto Accident Claim
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The Intake Process for Car Accident Litigation
A lawyer who is experienced in litigation involving car accidents will be able to assist you determine the strength of your case and the amount of settlement you can get. However this is only feasible with all the necessary information.
The initial step in a car crash lawsuit is known as discovery. During this stage, attorneys and their teams will exchange documents and discuss questions under the oath.
auto accident lawyer macon of the work involved in a car accident case is collecting documentation. This may include evidence such as photos, medical records, or witness statements. In general, the more evidence you have to back your claim, the more convincing your case will be.
A police report is the first document you should have. The police officer who arrives at the scene of the accident will usually write a report. It will give valuable details about the accident and the person responsible for it.
Your attorney may also make use of a law enforcement report to seek additional evidence if required. If the incident occurred in the workplace for instance an employee might have recorded video footage. If that’s the case, a copy of the tape must be requested from the company as soon as possible.
Document any expenses you incurred due to the accident. This could include medical expenses, records of your treatment, receipts from medication rental car costs for in-home assistance, care at home, transportation costs and more. You should also document any income loss due to your accident. This could include old pay stubs and tax returns.
You should also find the names of witnesses. These people may be able to provide important information, especially if you can get them to be a witness in court. It is important to keep in mind that witnesses may alter their accounts and forget details regarding the accident as time passes.
Intake and Investigation
If you’ve filed an insurance claim with an company or are starting a lawsuit against an at-fault driver, the process of intake is essential to obtaining the fair and complete compensation you deserve for your crash injuries. Your attorney will begin by reviewing your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also go to and document the accident scene.
This will help them determine the extent of your injuries both in terms of future and current costs for your physical and emotional suffering. Then, they will look at your financial losses to determine the worth of your case. The damages you incur could include not only your current and future medical costs but also income loss and property damage.
Your lawyer will also investigate by interviewing witnesses and analyzing the available evidence. They will also obtain the driver who was at fault and their driving phone records to determine how they used their vehicle at the time of the accident. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, since it could affect their ability to cover your damages.
Additionally your attorney may ask questions about the defendant’s previous criminal and traffic offense history during the discovery process. Generally speaking, these facts are not admissible in court, however they can be useful to undermine the credibility of the defendant during cross examination.
The process of negotiating a settlement
Once you have the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company will often make an initial offer that is much less than the amount you requested in your letter. This is an opportunity to determine the strength of your argument. In the counteroffer, it is important to highlight the strongest arguments for your side – for example, the insured was entirely at the fault and that you sustained serious injuries that resulted in high medical costs. Eventually, negotiations back and forth will lead to an amount that is both reasonable and fair.
A skilled attorney for accidents can effectively argue the merits of your claim including presenting evidence supporting your losses. This could include photographs of the damage to your vehicle, a police report and witness testimony. We also know how to calculate the value of different elements of your claim, like loss of income, suffering and pain.
If at this point the insurance company is still refusing to offer a fair amount, we have the option to bring a lawsuit to court. A trial usually lasts between one and two days and is heard either by either a judge or jury. If your case settles before this stage it could take several months. Alternatively, your attorney may be capable of filing a motion for summary judgement. This involves arguing that all evidence is 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 can settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the person who is at fault. If there is no agreement Our lawyers will bring a lawsuit against the defendant. The Complaint will detail your claims and details about the circumstances of the crash and why you are entitled to compensation. The defendant is served with the Complaint and given a specific period of time to reply.
During the discovery phase, our attorneys will share documents and other evidence with the defendant while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as what they believe happened during the crash, as well as how they think it occurred and the injuries you’ve suffered. We will also search for expert opinions to support our position.
During the discovery phase, your lawyer may prepare legal documents referred to as motions in court to be ruled on by an individual judge. This can include requests for the court to omit certain evidence or set a trial date. It can take a year or more to complete the discovery process and establish the date of trial for your case. This is why it’s crucial to partner with an experienced Long Island car accident attorney at the beginning of the process.
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