The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can help you determine how solid your case is and how the settlement you receive could be worth. This is only possible when all the information you require is available.

Discovery is the first step of an auto accident attorney accident case. In this phase, attorneys and their teams will exchange documents and ask questions under the oath.

Documentation

The majority of the work involved in a car crash case is obtaining documentation. This can include evidence like photographs, medical records, or witness statements. In general, the more evidence you can provide to support your claim, the more convincing your argument will be.

The first piece of documentation you should have is a law enforcement report. Typically the police officer that arrives at the scene of the crash will prepare a report, and this will provide crucial information on how the crash occurred and who was at fault for the incident.

Your lawyer can also make use of the law enforcement report to pursue additional evidence, if needed. For instance, if an accident happened in a business or office, an employee working at the area may have recorded video footage of the incident. If this is the case, you must request a copy from the business.

Document any expenses you incurred because of the accident. Document any expenses you incurred due to. This could include medical expenses and records of your treatment, medication receipts, rental car charges for in-home assistance, care at home expenses for transportation, and more. It is also important to document any income loss due to your accident. You can use your old tax returns and pay stubs.

If you can, collect the names of any witnesses to the incident as well. They can be valuable sources of information for auto accident attorney your case, especially those who are able to give evidence at trial. However, it's important to keep in mind that witnesses are prone to altering their story over time and could forget specific details about the accident.

Intake and Investigation

The intake process is essential to obtaining an adequate amount of compensation for your injuries from an accident, whether you have filed an insurance claim or are suing the responsible party. Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit and document the scene of the accident.

This will allow them to assess the severity of injuries you have suffered in terms of current and projected costs for your physical or emotional suffering. They will then review your financial losses to estimate the total value of your case. The damages could include not only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing all available evidence. They will also collect data from the cell phone and driving records of the drivers at fault to see how they used their vehicle at the time. This is particularly important if there was a collision that involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working on the clock.

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

The process of negotiating a settlement

After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations on settlement. In the beginning the insurance company may make an offer that's usually substantially lower than the amount you have requested in the letter. This is a way to determine the strength of your argument. In your counteroffer it is essential to highlight the most compelling arguments to your advantage. For instance, you could argue that the insurance company was in the wrong and that there were severe injuries and high medical costs. The process of negotiating back and forth should eventually result in an equitable and reasonable amount.

An experienced attorney will effectively argue the merits of your claim, including presenting evidence that supports your losses. This could include photos of car damage, police reports, and witness testimony. We also know how to determine the value of different elements of your claim, including loss of income, pain and suffering.

If the insurance company is unwilling to pay an appropriate amount at this point, we may start a lawsuit. A trial usually lasts for up to two days and can be heard by a judge (called a bench trial) or a jury. If your case is settled before this point it can take a few months. Or, your lawyer may be able to file a motion for summary judgement. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to prevail.

Filing an action

In the majority of car crash instances, parties can resolve their disagreement without the need for court. Our team will assist you negotiate with the insurance company of the driver who caused the auto accident law firm 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 include your claims and allegations regarding how the crash occurred and why you are entitled to compensation. The defendant is served with the Complaint and given a certain time frame to respond.

The discovery stage is when our lawyers and the defendant will begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will pose questions to the lawyer representing the defendant about their view of the events, such as what damages you've suffered and how they believe it took place. We will also solicit expert opinions to support our position.

During the discovery phase, your lawyer may prepare legal documents referred to as motions to the court to be decided by an individual judge. This can include requests for the court to omit certain evidence, or to set an appointment for trial. It could take a full year or more to complete the discovery process and determine an appointment date for your case. It is essential to speak with an experienced Long Island auto accident attorney as early as possible during the process.