As previously mentioned, experienced auto accident attorneys handle personal injury cases on a daily basis and know how to work with insurance companies to provide the best settlement estimates. However, you may be wondering what steps a car accident lawyer takes after you hire them to represent you. There are general procedures and litigation standards you can expect from your attorney.
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Evidence Gathering: Once you hire a lawyer, the lawyer will start gathering all the evidence for your case. This includes accident details, medical records and bills, police reports, and witness statements. If the other party to the accident also has an attorney, your attorney will establish communication with that attorney. Lawyers can also revisit the scene of the accident and take photographic evidence. In some cases, an attorney can contact an expert to gain further insight into your case.
Send a Demand Letter: Once the auto accident attorney has gathered all the evidence, a demand letter will be drafted and sent to the insurance company or the guilty party's attorney. A dunning letter is a professional document that presents the facts of the case and compensation. First, your attorney will explain the financial damage you suffered as a result of the accident. Economic harm refers to current and future health care costs, property damage, lost wages, and lost earning power. Non-economic damage refers to pain, suffering, and emotional distress. Both are important parts of settlement negotiations. The dunning letter will include the settlement amount requested by the attorney on your behalf.
The insurer can agree to a settlement, negotiate a lower settlement amount, or decline the offer.
Filing a lawsuit: If the lawyer and the insurance company do not reach an agreement, the lawyer will start filing the documents necessary to file the lawsuit.
Discovery: After a case is filed, the parties enter a phase called discovery. During the investigation, attorneys for both sides will share all documents related to the accident that they have collected in search of evidence to support their claims.
PROCESS: If the case is not resolved by any of the above procedural steps, attorneys will go to court and the settlement amount will be determined by a judge or jury. The stages of the process are the same in each case. First, lawyers select jurors, unless a judge's ruling is required. Once the jury is assembled, each attorney gives an opening statement, followed by testimony, cross-examination, and finally closing arguments. The judge then gives instructions to the jury as to the applicable law and how to reach a verdict. Finally, a jury deliberates and renders a verdict.
Most car accidents are resolved out of court, but that doesn't mean you should accept a lower settlement offer than you originally asked for. Therefore, you should hire an experienced car accident attorney.
Negotiation is a special skill that many people lack. Ali Awad is a competent and fair negotiator, but he is not afraid to go to court on behalf of his clients to obtain maximum compensation for their injuries and losses.