sweetshorn55
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
The Intake Process for Car Accident Litigation A lawyer who is specialized in litigation involving car accidents can help you determine how strong your case is and how much your settlement could be worth However it is only possible if you have all the relevant information The initial step in a car accident lawsuit is known as discovery In this phase attorneys and their teams will discuss documents and answer questions under the oath Documentation A lot of the work that goes into a car accident case is collecting evidence This can include evidence like medical records photos or witness statements In general the more evidence you have to support your claim the stronger your claim will be The first document that you must have is a law enforcement report Typically the police officer who arrives at the scene of the accident will write the report and it will contain important information about how the crash occurred and who was at fault for the incident If necessary your attorney has to use the police report to gather additional evidence If the incident occurred in an office for instance an employee may have recorded video footage If this is the case the tape must be requested from the business as quickly as is possible Record any expenses you have incurred because of the accident Document all expenses you have incurred as a result of This can include medical bills records of your treatment receipts from medication rental car fees for inhome assistance care at home expenses for transportation and more In addition you should keep track of any income loss due to your accident auto accident attorney sioux city can include old pay stubs as well as tax returns You should also find the names of witnesses They might be able to provide valuable information especially if can convince them to be a witness in court It is important to remember that witnesses can alter their stories over time and may forget details of the incident Intake and Investigation The intake process is essential to getting an adequate amount of compensation for your accident injuries whether you have filed a claim with an insurance company or are suing the atfault party Your lawyer will begin by examining your medical records obtaining copies of accident reports as well as other evidence They will also go to the scene of the accident to take note of what they can This information will allow them to understand the extent of your injuries in relation to current and projected future costs for your physical and emotional suffering They will also review your existing and expected financial losses to estimate the value of your case The damages could not be limited to only future and current medical expenses but also loss of income as well as property damage Your lawyer will also investigate the incident which includes interviewing witnesses and analyzing any available evidence They will also collect driving and cell phone records of the driver at fault in order to determine how they operated their vehicle at that time This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was working while at work as it could affect their ability to cover your damages In addition your attorney may inquire regarding the defendants prior criminal and traffic offence history as part of the discovery process In general these information are not admissible in court but they can be useful to undermine the credibility of a defendant during cross examination Negotiating a Settlement After obtaining the medical records and obtaining the medical records your lawyer can begin negotiations to settle the matter Initially the insurance company will offer an offer which is usually substantially lower than the amount you request in the letter This is a method to assess the credibility of your argument In the counteroffer it is crucial to highlight the most powerful arguments in your favor for example that the insured was entirely at fault and that you suffered serious injuries that resulted in the highest medical costs Negotiating back and forth will eventually lead to an equitable and reasonable amount An experienced accident lawyer can effectively argue your claims merits including presenting evidence to back 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 such as lost income and suffering and pain If the insurance company is unwilling to pay an amount that is reasonable at the moment we can bring a lawsuit A trial usually lasts between one and two days and is ruled on by an attorney or a jury If your case is settled before reaching this phase the process can take months Your attorney may also be able file a summary judgment motion This involves asserting that all evidence is in your favour and arguing that its impossible for the opposition to win Filing a Lawsuit In a majority of cases involving car accidents parties are able to settle their disputes outside of court Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault If an agreement is not reached our lawyers will file a lawsuit against the defendant The Complaint will detail your claims and allegations about how the accident occurred and the reason you should be compensated The defendant is served with the Complaint and given a specific time frame 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 ask the defendants attorney questions regarding their perspective on the events including the circumstances under which they believe the crash occurred and the injuries youve sustained We will also seek expert opinions that will support our stance During the discovery process your lawyer may file legal documents called motions to the court for a judge to decide on This may include requests for the courts decision to exclude 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 scheduled It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point during the process
