A Relevant Rant About Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who is experienced in car accident litigation can help you determine the potential strength of your case and how much settlement you could receive. However it is only possible when you have all the relevant information.
The initial step in a car accident lawsuit is known as discovery. During this phase, attorneys and their teams exchange documents and discuss their respective cases under oath.
Documentation
Documentation is a large part of the work in a car accident. This can include evidence like photographs, medical records or witness statements. In general, the more evidence you have to support your claim the more convincing your case will be.
The first document you should have is a report from the police. The police officer who arrives at the scene of an accident will usually prepare a report. This will provide valuable details about the accident and who was responsible for it.
Your attorney may also make use of the report of a law enforcement officer to pursue additional evidence, if needed. If the incident occurred at a place of business, for example, an employee may have recorded video footage. If this is the case, request a copy of the video from the company.
Keep track of any expenses you incur as a result of the accident. Record any costs you incur due to. This can include medical bills and records of your treatment, receipts for medication, rental car fees, in-home care or assistance expenses for transportation, and many more. Also, you should document any income loss due to your accident. You can use tax returns and pay stubs.
You should also try to get the names of witnesses. These people may be able to provide valuable information, especially if you are able to have them give evidence in court. It's important to keep in mind that witnesses could alter their accounts and forget details about the accident over time.
Intake and Investigation
If you've made an insurance company or have started an action against the at-fault driver, the process of intake is essential to receive the full and fair amount of compensation for your crash injuries. Your attorney will start by looking over your medical treatment records, and obtaining copies of accident reports and other available evidence. They will also visit the scene of the crash to take note of what they can.
This information will enable them to assess the severity of the injuries you've suffered as well as the cost and projections for your physical or emotional suffering. They will then analyze your financial losses to estimate the total value of your case. The damages you suffer could include not just future and present medical expenses, but also lost income and property damage.
Your lawyer will also conduct an investigation and interview witnesses and analyzing the available evidence. They will also gather data from the cell phone and driving records of the drivers at fault to determine if they were using their vehicle at the time. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was working while at work, as this could negatively impact the ability of them to pay damages.
In addition your lawyer will also ask questions regarding the defendant's prior criminal and traffic offence history in the discovery process. Generally speaking, these facts are not admissible in court but they could be helpful to undermine the credibility of a defendant during cross examination.
The process of negotiating a settlement
Once you have received the medical records, you can begin negotiations for settlement. Initially the insurance company will make an offer that's usually considerably lower than what you have requested in the letter. This is an opportunity to assess the strength of your case. In the counteroffer, you must be important to emphasize the strongest arguments you have in your favor - for example, that the insured was fully at fault and that you suffered severe injuries with high medical expenses. Negotiating back and forth will eventually lead to an acceptable and reasonable amount.
A skilled accident attorney can successfully argue the merits of your case, including presenting evidence to support your losses. This could include photos of the car damage, a police report and witness testimony. We are able to calculate the various components of your claim, such as loss of income, pain and suffering and police report.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we could bring a lawsuit. A trial usually lasts one or two days and is usually ruled by a judge (called a bench trial) or a jury. If your case settles before this point it could take several months. Your lawyer may also be able to file a summary motion for judgment. This involves asserting all of the evidence in your favor and arguing that it's impossible for the opposing side to win.
Filing  
auto accident lawyer lubbockIn the majority of cases involving car accidents, the parties are able to settle their dispute out of court. Our team will help you negotiate a settlement with the insurance company of the other driver company or directly with the person at fault. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint will outline your claims and details about how the accident occurred and the reason you should be compensated. The defendant is served the Complaint, and given a set time frame to respond.
During the discovery phase, our lawyers will share documents and other materials with the defendant and ask questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, focusing on what they believe happened during the crash, as well as how they think it occurred and the injuries you've sustained. We will also seek out expert opinions that support our position.
During the discovery phase, your lawyer can submit legal documents, also known as motions in court for a decision by an individual judge. This could include asking the court to omit evidence or to schedule a trial. It can take a whole year or more to complete the discovery process and establish the date of trial for your case. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.