How To Explain Auto Accident Claim To A 5-Year-Old
The Intake Process for Car Accident Litigation
An experienced lawyer in defending car accident cases can help you determine the strengths of your case as well as how much settlement you could get. This is only possible when all the information you require is available.
The first step in a lawsuit involving a car accident is known as discovery. During this phase, attorneys and their teams exchange documents and discuss their respective cases under oath.
Documentation
A significant portion of the work involved in a car crash case is collecting evidence. This may include evidence like photographs, medical records or witness statements. The more evidence you have, the better your case will be.
A police report is the primary document you need. Typically auto accident law firm moreno valley who arrives at the scene of the accident will prepare an investigation report. This will provide crucial information on what happened and who was responsible for the incident.
Your attorney may also make use of the report of a law enforcement officer to pursue additional evidence in the event of need. For example, if the incident took place in a commercial where employees were present, the location may have recorded video footage of the incident. If this is the situation, the tape must be requested from the business as quickly as possible.
Document any expenses you incurred due to the accident. Document any expenses you incurred due to. This could include medical bills, records of your treatment, receipts from medication, rental car charges, in-home assistance or care transport costs, and many more. It is important to record any income loss due to your injury. You can utilize old tax returns and pay stubs.
You should also try to get the names of witnesses. They can be important sources of information in your case, especially those who are able to testify at trial. But, it's important to remember that witnesses can change their stories over time and they may forget details about the accident.
Intake and Investigation
The process of intake is crucial in obtaining an adequate amount of compensation for your injuries from an accident, whether you have filed a claim with an insurance company or are suing the responsible party. Your attorney will start by looking through your medical records, obtaining copies of accident reports and other available evidence. They will also visit the scene of the crash to record and observe what they can.
This information will assist them understand the extent of your injuries as well as the current and projected future costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to estimate the value of your case. Your damages may include not just future and present medical expenses, but also your lost income and property damage.
Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any available evidence. They will also obtain the driver who was at fault and their driving phone records to determine what they were doing with their vehicle at the time of the accident. This is especially important in the event that there was a collision involving an Uber or Lyft car or any other evidence that suggests the driver was working on the clock.
In addition to this your attorney may ask questions about the defendant's criminal and traffic offence history as part of the discovery process. These details are generally not admissible in court but they can be useful to undermine the credibility of a defendant in cross-examination.
The process of negotiating a settlement
Once you have the medical records, it is possible to start settlement negotiations. The insurance company is likely to make an initial offer that is much smaller than the amount that you requested in your letter. This is a tactic to determine how strong your argument is. In your counteroffer it is crucial to highlight the most powerful arguments in your favor. For instance, if you claim that the insurer was in the wrong and that there were serious injuries and expensive medical expenses. Negotiating back and forth should eventually result in an acceptable and reasonable amount.
An experienced attorney can successfully argue the benefits of your claim, including presenting evidence to support your losses. This could include photos of car damage, police reports or witness testimony. We also know how to calculate the value of various elements of your claim, like lost income and pain and suffering.
If the insurance company refuses to pay an acceptable amount at this point, we could make a claim. A trial typically lasts between one and two days and is conducted by either a judge or jury. If your case is settled before this stage it can take a few months. Alternatively, your attorney may be able to file a motion for summary judge. This is where you present all the evidence in your favor and arguing that it is impossible for the other side to prevail.
Filing an action
In a majority of cases involving car accidents the parties can settle their dispute out of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver responsible for the accident. If there is no agreement, our lawyers will start a lawsuit against the defendant. The complaint contains your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint and given a specific amount of time to respond.
The discovery stage is when our attorneys and the defendant will begin to exchange documents and other materials in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions about their view of events, including the circumstances under which they believe the crash took place and what injuries you have suffered. We will also search for expert opinions to support our claims.
During the discovery phase, your lawyer can file legal documents called motions to the court to a judge's decision on. This may include requesting the court to omit evidence or to schedule a trial. It can take a whole year or more to complete the process of discovery and to set the date of trial for your case. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can in the process.