The Intake Process for Car Accident Litigation
A lawyer who is experienced in car accident litigation will be able to assist you determine the potential strength of your case and the amount of settlement you could get. This is only possible if all the information you need is available.
Discovery is the very first step of an auto accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under oath.
Documentation
A lot of the work that goes into a car accident case is collecting documentation. This could be evidence like medical records, photos or witness statements. The more documentation that you have, the more convincing your case.
The first piece of documentation that you must have is a law enforcement report. Typically the police officer that arrives at the scene of the accident will draft an investigation report. This will contain important information about what happened and who was at fault for the incident.
If required, your attorney can use a police report to gather additional evidence. For example, if the incident occurred in a business where employees were present, the location may have recorded footage of the incident. If this is the case the tape must be requested from the business as soon as possible.
Note any costs you have incurred due to the accident. Record any costs you incur due to. This could include medical expenses, records of your treatment, medication receipts rental car expenses and in-home care or assistance as well as transportation costs. It is also important to document any income lost due to your injury. You can use old tax returns and pay stubs.
If you can, collect the names of any witnesses to the incident as well. They can be important sources of information in your case, particularly in the event that they are able to be present at trial. It is important to remember that witnesses can alter their stories and forget details about the incident over time.
Intake and Investigation
The intake process is critical to receiving fair settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or are suing the responsible party. Your attorney will begin by looking over your medical records, as well as 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 in relation to future and current costs for your physical and emotional suffering. They will then review your existing and expected financial losses to determine the total value of your case. Your damages may include not just future and present medical expenses, but also lost income and property damage.
Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all the available evidence. They will also take the driving and cell phone records of the drivers at fault to see how they used their vehicle at the time. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was on the job, as this could impact their ability to pay for your damages.
In addition to this your lawyer will also ask questions about the defendant's past 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 in cross-examination.
Negotiating a Settlement
After you have obtained the medical records, your lawyer can begin negotiations to settle the matter. In the beginning the insurance company may make an offer that is usually substantially lower than the amount you demand in the letter. This is a method to assess how strong your argument is. In your counteroffer, it is crucial to emphasize the most important arguments in your favor. For instance, if you claim that the insurer was responsible and that there were serious injuries and the medical costs were high. The process of negotiating back and forth should eventually lead to an acceptable and reasonable amount.
An experienced attorney can successfully argue the merits of your case, including presenting evidence to support your losses. This could include photos of vehicle damage, police reports or witness testimony. We have the ability to calculate the various components of your claim such as lost income, pain and suffering and police reports.
If at this point the insurance company is still refusing to offer a reasonable amount, we may choose to file a lawsuit in court. A trial typically lasts between one and two days, and is ruled on by an attorney or a jury. If auto accident law firm colorado settles prior to reaching this stage the process could take months. Your attorney might also be able to file a summary judgment motion. This involves arguing that all evidence is in your favor, and arguing it's impossible for the opponent to prevail.
Filing a Lawsuit
In the majority of car crash cases, the parties are able to settle their dispute outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the driver at fault. If an agreement cannot be reached our lawyers will initiate an action against the defendant. The Complaint will outline your assertions and allegations regarding the cause of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a certain amount of time to respond.
The discovery phase is when our attorneys and the defendant will begin to exchange documents and other evidence in exchange for questions through interrogatories or depositions. Our team will pose questions to the lawyer of the defendant regarding their version of the events, including what injuries you've suffered and how they believe it happened. We will also search for expert opinions to support our claims.
During the discovery process, your lawyer can make legal motions to the court for a judge's ruling on. These could include requests to the court's decision to exclude certain evidence, or to set an appointment for trial. It can take as long as one year for the investigation process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.