The Intake Process for Car Accident Litigation

A lawyer that specializes in the area of car accident litigation will help you determine how strong your case is and how the settlement you receive could be worth. This is only possible if all the information you require is available.

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

Documentation

Documentation is a major aspect of the investigation in an accident. This could be evidence like photographs, medical records, or witness statements. In general, the more evidence you have to back your claim the stronger your claim will be.

A law enforcement report is the very first document you need. The police officer who arrives at the scene will typically prepare a report. This will provide valuable information about the accident and the person responsible for it.

If required, your attorney can use an investigation report to collect additional evidence. For instance, if an auto accident lawyer happened in a business where employees were present, the location might have recorded video footage of the incident. If this is the situation, the tape must be requested from the business as quickly as is possible.

Record any expenses you have incurred because of the accident. Document all expenses you have incurred as a result of. These could include medical bills and records for your treatment, receipts from medication rental car charges home care or assistance transport costs, and much more. It is important to record the loss of income due to your injury. This can include old pay stubs as well as tax returns.

It is also advisable to obtain the names of witnesses. These people may be able to provide valuable information, particularly if you can convince them to testify in court. It is important to keep in mind that witnesses can alter their narratives and forget specifics about the accident over time.

Intake and Investigation

The process of intake is vital to obtaining fair compensation for your injuries sustained in an accident, whether you have filed a claim with an insurance company or are suing the responsible party. Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports and other evidence. They will also visit and document the scene of the accident.

This information will enable them to comprehend the extent of the injuries you've suffered in relation to actual and projected costs for your physical or emotional suffering. Then, they will review your financial losses to determine the worth of your case. Your damages may include not just future and present medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing all available evidence. They will also collect the driver at fault's driving records and cell phone records to see how they were using their vehicle at the time of the accident. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was on the job, as this could affect the ability of them to pay damages.

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

Negotiating a Settlement

Once you have received the medical records, you can begin settlement negotiations. In the beginning the insurance company will present an offer that's usually substantially lower than the amount you have requested in the letter. This is a way to determine how strong your argument is. In your counteroffer, it is important to highlight the strongest points that you have to your advantage. For instance, you could argue that the insurer was responsible and that there were severe injuries and the medical costs were high. In the end, a lot of back and forth bargaining should get you to an amount that is both fair and reasonable.

A skilled attorney can effectively argue your claim's merits, including presenting evidence to back your losses. This could include photographs of the car's damage as well as a police report and witness testimony. We can determine the various elements of your claim like lost income along with pain and suffering as well as a police report.

If, at this point, the insurance company is still refusing to provide a reasonable amount, we can choose to make a claim in court. A trial usually lasts between one and two days. It is usually ruled by a judge (called a bench trial) or jurors. If your case settles before this stage it could take several months. Or, your lawyer may be capable of filing a motion for summary judgement. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the opposing side to win.

Filing an action

In the majority of cases involving car accidents, the parties are able to settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the party at fault. If an agreement cannot be reached, our lawyers will bring an action against the defendant. The Complaint contains 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 amount of time to respond to it.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will inquire to the lawyer representing the defendant about their perspective on the events, focusing on what injuries you have suffered and what they believe happened. occurred. We will also seek out expert opinions that will support our stance.

During the discovery stage, your lawyer will submit legal documents, also known as motions in court to be ruled on by a judge. This may include requests for auto accident attorney the court's decision to exclude certain evidence, or to set a trial date. It could take up to one year for the investigation process to be completed and a trial date scheduled. It is essential to speak with an experienced Long Island auto accident attorney as early as you can during the process.