The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to help you determine the strengths of your case as well as what settlement amount you might get. But this is only feasible when you have all the information needed.

Discovery is the initial step of an auto accident accidents - Read Alot more, accident case. During this stage attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

Documentation is a major element of a car accident. This could include evidence such as photographs, medical records or witness statements. The more documentation that you have, the more convincing your case will become.

A law enforcement report is the primary document you need. The police officer who arrives at the scene will usually write a report. It will provide important details about the incident and who was responsible.

If needed your lawyer has the option of using a police report to gather additional evidence. For example, if the incident took place in a commercial or office, an employee working at the area may have recorded video footage of the incident. If this is the situation, a copy of the tape should be requested from the business as soon as is possible.

Note any costs you have incurred due to the auto accident law firms. This could include medical bills as well as records of your treatment, medication receipts, rental car charges and in-home care or assistance transport costs, and many more. In addition, auto accidents you should record any income loss as a result of your injury. This could include old pay stubs as well as tax returns.

If you are able to, request the names of witnesses to the accident as well. They might be able to give valuable information, especially if can get them to give evidence in court. It's important to remember that witnesses can alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

The intake process is essential to receiving fair settlement for your accident-related injuries regardless of whether you've filed a claim with an insurance company or you are suing the person at fault. Your attorney will start by reviewing your medical treatment records, and obtaining copies of accident reports, and other evidence. They will also go to and document the accident scene.

This will allow them to assess the severity of injuries you have suffered as well as the actual and projected costs for your physical or emotional suffering. Then, they will review your financial losses in order to determine the value of your case. The damages could not be limited to only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing any evidence. They will also obtain the driver who was at fault and their driving cell phone records to see what they were doing with their vehicle at the time of the crash. This is particularly important when there was a collision that involved an Uber or Lyft car or any other indication that the driver was working on the clock.

In addition the lawyer may ask questions about the defendant's criminal and traffic-related offenses as part of the discovery process. In general, these information are not admissible in court, but they can be useful to impeach the defendant's credibility during cross examination.

Negotiating a Settlement

After you've obtained the medical documents then your lawyer will begin negotiations for settlement. The insurance company may make an initial offer that is much smaller than the amount that you requested in your letter. This is a way to test how convincing your argument is. In the counteroffer, you must be important to highlight the strongest arguments for your side - for example, the insured was completely at the fault, and that you suffered serious injuries that resulted in high medical costs. Then, negotiations back and forth should get you to an amount that is fair and reasonable.

A skilled attorney for accidents can successfully argue the merits of your claim, including presenting evidence to support your losses. This may include photos of your car damage, police reports or witness testimony. We are able to calculate the various components of your claim, such as lost income, pain and suffering and police report.

If the insurance company refuses to pay a reasonable amount at this point, we could file a lawsuit. A trial usually lasts between one and two days and is ruled on by an attorney or a jury. If your case is settled before this stage it can take a few months. In addition, your attorney might be in a position to file a motion for summary judge. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident instances, parties can settle their disputes without going to court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company or directly with the person at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will outline your assertions and allegations regarding how the crash occurred and why you deserve compensation. The defendant is served with the Complaint, and given a specified time frame to respond.

During the discovery phase, our attorneys will exchange documents and other evidence with the defendant, while asking questions via interrogatories or depositions. Our team will be asking questions to the defendant's lawyer about their view of the events, such as what damages you've suffered and what they believe happened. happened. We will also seek out experts to back our assertions.

During the discovery phase, your lawyer can file legal documents known as motions in court for a decision by an individual judge. This could include requests for the court to omit certain evidence or to set the date for a trial. It can take a whole year or more to complete the discovery process and set an appointment date for your case. This is why it's vital to consult with a seasoned Long Island car accident attorney early on in the process.