The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can help you determine the strength of your case is and also how the settlement may be worth. But, this is only possible when you have all the relevant information.

Discovery is the first step of an auto accident lawyer accident case. During this stage, attorneys and their teams will discuss documents and answer questions under the oath.

Documentation

A large portion of the work involved in a car crash investigation is gathering evidence. This could include evidence like photographs, medical records or witness statements. Generally, the more documentation you can provide to support your claim, the more convincing your argument will be.

The first piece of evidence that you must have is a report from the police. Typically the police officer that comes to the scene of the accident will prepare a report, and this will contain important information about how the accident occurred and who was responsible for the incident.

If needed you need to, your attorney can make use of a police report to gather additional evidence. For instance, if an incident occurred in a business where employees were present, the location may have recorded video footage of the incident. If this is the situation, the tape should be requested from the company as soon as is possible.

You should also document the expenses you incur in the aftermath of the accident. This could include medical bills and records for your treatment, receipts for medication, rental car fees as well as in-home care or assistance as well as transportation costs and more. Additionally, you must note any income loss due to your accident. This can include old pay stubs and tax returns.

If you are able, obtain the names of witnesses to the accident as well. They could be valuable sources of information for your case, particularly if they are able to be present at trial. It is important to keep in mind that witnesses may alter their accounts and forget details regarding the accident as time passes.

Intake and Investigation

If you have made an insurance firm or are beginning legal action against a negligent driver, the intake process is crucial to getting the fair and complete compensation you deserve for your injuries from a crash. Your attorney will begin by reviewing your medical records, as well as obtaining copies accident reports and other evidence. They will also go to and document the scene of the accident.

This will allow them to determine the severity of the harm you've suffered, both in terms cost and projections for your emotional or physical suffering. They will also review your financial losses to determine the total value of your case. The damages could include not only future and ongoing medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and analyzing the available evidence. They will also obtain the driving and cell phone records of the at-fault drivers to see how they used their vehicle at the time. This is especially important if there was a collision involving an Uber or Lyft vehicle, or any other indication that the driver was working on the clock.

In addition, your attorney will likely ask questions regarding the defendant's prior criminal and traffic offense history in the discovery process. These facts are usually not admissible but could be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you are able to begin negotiations for settlement. The insurance company will typically make an initial offer that is smaller than the amount that you requested in your letter. This is a way to determine how strong your case. In the counteroffer, auto accident attorney it is crucial to highlight the most powerful arguments for your side - for example, that the insured was at the fault, and that you suffered serious injuries that resulted in high medical costs. In the end, the back and forth negotiation should result in an amount that is both reasonable and fair.

A skilled accident attorney can effectively argue the merits of your case, including presenting evidence to support your losses. This could include photos of car damage, police reports and witness testimony. We are able to determine the various elements of your claim like loss of income or pain and suffering, as well as police reports.

At this point, if the insurance company refuses to provide a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial usually lasts up to two days and is usually ruled by a judge (called a bench trial) or by jurors. If your case settles before this stage it can take a few months. In addition, your attorney might be capable of filing a motion for summary judgment. This involves arguing that all evidence is in your favor and arguing that it is impossible for the opponent to prevail.

Filing a Lawsuit

In a majority of car accident cases the parties can resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. However, if there is no agreement, our lawyers will start a lawsuit against the defendant. The Complaint will list your claims and details about how the crash occurred and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a specified time frame to respond.

During the discovery phase, our attorneys will discuss documents and other materials with the defendant, while asking questions through interrogatories and depositions. Our team will pose questions to the lawyer of the defendant regarding their version of the events, focusing on what injuries you've sustained and what they believe happened. took place. We will also seek expert opinions that support our position.

During the process of discovery, your lawyer may submit legal documents known as motions to the court to a judge's decision on. This can include requests for the court to block certain evidence or set a trial date. It can take up one year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident attorney early in the process.