The Intake Process for Car Accident Litigation

A lawyer that specializes in car accident litigation can help you determine how solid your case is, and how much your settlement could be worth. But it is only possible if you have all the relevant information.

Discovery is the first stage of a car accident case. In this phase, attorneys and their teams exchange documents and ask questions under an oath.

Documentation

Documentation is an integral component of an 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.

The first piece of documentation that you must have is a police report. Typically, the police officer who arrives at the scene of the crash will prepare a report, and this will provide crucial information on the circumstances of the crash and who was responsible for the incident.

Your lawyer may also utilize the law enforcement report to pursue additional evidence, if needed. For instance, if an incident occurred at a company where employees were present, the area may have recorded footage of the incident. If this is the case the tape should be requested from the business as quickly as it is possible.

Note any costs you have incurred in the aftermath of the accident. These could include medical bills and records of your treatment, receipts from medications rental car costs and in-home care or assistance as well as transportation costs. In addition, you should document any lost income due to your auto accident lawyers. This could include old pay slips and tax returns.

If you can, get the names of witnesses to the accident as well. These witnesses can be valuable sources of information for your case, particularly if they are able to be a witness in a trial. It is important to keep in mind that witnesses may alter their accounts and forget details about the incident as time passes.

Intake and Investigation

The intake process is critical to receiving fair compensation for your injuries sustained in an accident regardless of whether you've filed an insurance claim or are suing the at-fault party. Your attorney will begin by reviewing your medical records, obtaining copies of accident reports, as well as other evidence. They will also go to the scene of the accident to document and observe what they can.

This information will help them know the extent of your injuries as well as the future and current costs for your emotional and physical suffering. Then, they'll review your financial losses in order to estimate the value of your case. The damages could comprise not only your current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing all the available evidence. They will also obtain the driver at fault's driving and cell phone records to see what they were doing with their vehicle at the time of the collision. This is especially important if there was a collision with an Uber or Lyft vehicle, or any other evidence that suggests the driver was working on the clock.

As part of the process of discovery the lawyer will inquire about the defendant's traffic and criminal conviction records. These facts are usually not admissible, but can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After you have received your medical records, it is possible to begin settlement negotiations. The insurance company may make an initial offer that is less than the amount you requested in your letter. This is a method to determine how strong your case. In the counteroffer, it is important to highlight the strongest arguments in your favor, for instance, that the insured was completely at the fault and that you sustained serious injuries that resulted in high medical costs. Then, the back and forth negotiation will lead to an amount that is fair and reasonable.

A skilled attorney for accidents can effectively argue the merits of your claim including presenting evidence to support your losses. This could include photos of vehicle damage, police reports, and witness testimony. We are able to determine the various elements of your claim like lost income along with pain and suffering as well as a police reports.

If the insurance company is unwilling to pay an acceptable amount at the moment, we can start a lawsuit. A trial usually lasts for up to two days and can be heard by a judge (called a bench trial) or by jurors. If your case is settled before this stage it can take a few months. Your attorney may be in a position to file an application for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the other side to prevail.

Filing an action

In the majority of car accident cases parties can resolve their disputes without going to court. Our team will work to help you negotiate a settlement with the insurance company of the other driver company, or directly with the party at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular timeframe to respond to it.

The discovery phase is where our lawyers and en.easypanme.com the defendant will begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, including what they believe happened during the crash, as well as how they think it took place and what injuries you've suffered. We will also look for expert opinions to support our claims.

During the discovery stage, your lawyer will file legal documents known as motions to the court to be decided by the judge. This can include requesting the court to exclude evidence or schedule a trial. It could take a year or more to complete the process of discovery and to set an appointment date for your case. It is crucial to talk with an experienced Long Island auto accident law firm accident attorney at the earliest possible point in the process.