11 Strategies To Completely Defy Your Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases will be able to assist you determine the worth of your case and how much settlement you could receive. But this is only feasible if you have all the necessary information.

The initial step in a lawsuit involving a car lincolnwood auto accident attorney is called discovery. During this stage, attorneys and their teams communicate with each other and ask questions under the oath.

Documentation

A lot of the work that goes into a car accident investigation is gathering evidence. This may include evidence such as photographs, medical records or witness statements. In general, the more evidence you have to back your claim the more convincing your argument will be.

A law enforcement report is the first document you should have. Typically, the police officer who comes to the scene of the accident will draft an investigation report. This will contain important information about what happened and who was responsible for the incident.

If needed your lawyer has the option of using a police report to gather additional evidence. If the accident occurred in an office such as a place of business an employee could have recorded video footage. If this is the case, you should ask for a copy of the footage from the company.

Document any expenses you incurred as a result of the accident. Record any costs you incur due to. This could include medical bills and records of your treatment, receipts from medication rental car expenses and in-home assistance or care expenses for transportation, and more. Additionally, you must keep track of any income loss due to your injury. This could include old pay slips and tax returns.

You should also try to get the names of witnesses. They may be able to provide important details, especially if are able to get them to be a witness in court. It’s important to remember that witnesses can alter their stories and forget details about the incident over time.

Intake and Investigation

If you have filed a claim with an insurance firm or are beginning a lawsuit against an at-fault driver, the process of intake is essential to receive an adequate and fair settlement for the injuries you sustained in a crash. Your lawyer will begin by reviewing 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 will help them to determine the severity of injuries you have suffered in relation to actual and projected costs for your physical or emotional suffering. Then, they’ll review your current and future financial losses to determine the worth of your case. The damages could not be limited to only future and current medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing the available evidence. They will also take driving and cell phone records of the at-fault drivers to see how they used their vehicle at that time. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while at work, as this could affect their ability to cover your damages.

In addition the lawyer may ask questions about the defendant’s previous criminal and traffic-related offenses as part of the discovery process. These information is generally not admissible but could be used to undermine the defendant’s credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records, your lawyer can begin negotiations on settlement. In the beginning the insurance company will make an offer that’s usually substantially lower than the amount you requested in your letter. This is a method to see how strong your case is. In the counteroffer, it is important to highlight the strongest arguments for your side — for example, that the insured was at blame and that you were afflicted with severe injuries with the highest medical costs. In the end, a lot of the back and forth negotiation will result in an amount that is reasonable and fair.

A skilled accident attorney will effectively argue the merits of your claim, by presenting evidence to prove your losses. This may include photos of the damage to your vehicle, a police report and witness testimony. We know how to determine the various elements of your claim such as loss of income, pain and suffering and police reports.

If the insurance company is unwilling to pay an acceptable amount at this point, we can bring a lawsuit. A trial usually lasts for between one and two days. It is either heard by an individual judge (called a bench trial) or a jury. If your case is settled before this stage it could take a few months. Or, your lawyer may be eligible to file a motion for summary judgment. This means claiming that all evidence is in your favor and arguing that it’s impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident instances, firm parties can resolve their disputes without going to court. Our team will help you negotiate with the insurance company of the other driver or directly with the party who is at fault. However, if an agreement cannot be reached the lawyers of our firm will file an action against the defendant. The Complaint will detail your assertions and allegations regarding the cause of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a specific period of time to reply.

The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, including the circumstances under which they believe the crash occurred and the injuries you’ve sustained. We will also seek out expert opinions to support our position.

During the discovery stage, your lawyer will make legal documents known as motions in court to be decided by an individual judge. This may include requesting the court to exclude evidence or set a trial date. It could take a full year or more to complete the discovery process and set the date of trial for your case. This is why it’s vital to partner with an experienced Long Island car accident attorney at the beginning of the process.