20 Trailblazers Leading The Way In Auto Accident Claim
The Intake Process for Car Accident Litigation
A lawyer who specializes in the field of car accident litigation can assist you in determining how strong your case is as well as how the settlement you receive could be worth. But this is only feasible with all the relevant information.
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 an oath.
Documentation
The majority of the work that goes into a car accident case is collecting evidence. This could include evidence like photographs, medical records or witness statements. In general, the more evidence you have to back your claim the more convincing your claim will be.
A police report is the first document you need. Typically the police officer who comes to the scene of the crash will prepare the report, and it will provide important information about how the crash occurred and who was at fault for the incident.
Your attorney can also use an official report from law enforcement to pursue additional evidence if required. For example, if the incident occurred in a business the employee who worked at that location may have recorded video footage of the incident. If that's the case, the tape must be requested from the company as soon as possible.
Keep track of any expenses you incur as a result of the accident. This could include medical bills and records of your treatment, receipts for medication rental car fees for in-home assistance, care at home expenses for transportation, and more. Additionally, you must record any income loss as a result of your accident. This could include old pay stubs, as well as tax returns.
It is also advisable to obtain the names of witnesses. They can be important sources of information in your case, especially those who are able to give evidence at trial. However, it's important to remember that witnesses may alter their testimony over time and forget details of the accident.
Intake and Investigation
The intake process is critical in obtaining fair compensation for your injuries from an accident, whether you have filed an insurance claim or are suing the at-fault party. auto accident lawyer chicago will begin by looking through your medical documents, as well as copies of accident reports as well as other evidence. They will also visit the scene of the accident to record and observe what they can.
This information will help them know the extent of your injuries as well as the future and current costs for your emotional and physical suffering. They will then review your financial losses in order to determine the value of your case. Your damages may include not only future and ongoing medical expenses, but also your loss of income as well as property damage.
Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any evidence. They will also obtain the driver at fault's driving and phone records to determine how they used their vehicle at the time of the accident. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was working while on the job, since this could impact the ability of them to pay damages.
As part of the discovery process as part of the discovery process, your lawyer will ask about the defendant's criminal and traffic conviction records. Generally speaking, these facts are not admissible in court, but they could be helpful to impeach the defendant's credibility in cross-examination.
The process of negotiating a settlement
Once you have received the medical records, you're able to begin settlement negotiations. Initially the insurance company will make an offer that's usually significantly lower than the amount you demand in the letter. This is a method to assess the strength of your case. In the counteroffer, it's crucial to highlight the most powerful arguments in your favor, for example, the insured was fully at fault and that you suffered severe injuries with high medical expenses. Eventually, bargaining back and forth will lead to an amount that is fair and reasonable.
A skilled lawyer for accidents can successfully argue your claim's merits, including presenting evidence to prove your losses. This could include photos of the car's damage, a police report and witness testimony. We can calculate various aspects of your claim such as loss of income along with pain and suffering as well as a police reports.
If at this point the insurance company still refuses to offer a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial usually lasts one or two days and is either heard by an individual judge (called a bench trial) or by a jury. If your case is settled before this stage it could take a few months. Your attorney may also be able file a summary motion to enter judgment. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to win.
Filing a Lawsuit
In a majority of car accident cases, the parties can resolve their disputes outside of court. Our team will work to help you negotiate an agreement with the insurance company or directly with the person at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will outline your claims and allegations about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain time frame to respond.
The discovery stage is when our lawyers and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their version of the events, including the injuries you've suffered and what they believe happened. took place. We will also search for expert opinions to support our position.
During the process of discovery, your lawyer can make legal motions to the court for a judge to decide on. This could mean asking the court to omit evidence or to schedule a trial. It could take up to one year for the investigation process to be completed and a trial date to be set. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible in the process.