The Intake Process for Car Accident Litigation

A lawyer who has experience in defending car accident cases will be able to assist you determine the strength of your case and the amount of settlement you could get. However, this is only possible with all the relevant information.

Discovery is the initial step of an auto accident attorneys accident case. During this stage, attorneys and their teams exchange documents and discuss questions under an oath.

Documentation

Documentation is a major aspect of the investigation in an auto accident law firm accident. This can include evidence like photographs, medical records or witness statements. Generally speaking, the more evidence you have to support your claim the more convincing your claim will be.

A police report is the first document you need. The police officer who arrives at the scene of the accident will usually prepare a report. It will provide important information regarding the auto accident as well as the person responsible for it.

Your lawyer can also make use of the report of a law enforcement officer to gather additional evidence if necessary. For Auto Accident Law Firm instance, if the incident occurred in a business where employees were present, the location might have recorded footage of the incident. If this is the case, the tape should be requested from the company as soon as is possible.

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

If you can, collect the names of any witnesses to the incident as well. They could be important sources of information in your case, particularly if they are able to testify at trial. It's important to keep in mind that witnesses could alter their narratives and forget specifics regarding the accident as time passes.

Intake and Investigation

The intake process is essential to obtaining fair settlement for your accident-related injuries, whether you have made an insurance claim or you are suing the person at fault. Your lawyer will begin by looking over your medical records and then obtaining copies accident reports and other evidence. They will also go to and document the accident scene.

This information will help them comprehend the severity of your injuries in relation to future and projected costs for your physical and emotional suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. Your damages may include not only future and current medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any evidence. They will also take the driver at fault's driving and phone records to determine how they were using their vehicle at the time of the collision. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was on the job, since this could impact the ability of them to pay damages.

As part of the process of discovery Your lawyer will ask about the defendant's criminal and traffic record of offenses. These details are generally not admissible in court, however they could be helpful to impeach the defendant's credibility during cross examination.

Negotiating a Settlement

Once you have the medical records, you can start settlement negotiations. Initially, the insurance company will present an offer that is often considerably lower than what you request in the letter. This is a way to test how convincing your case. In your counteroffer, it is crucial to highlight the most powerful points that you have in your favor. For example, the insurer was at fault and there were serious injuries and expensive medical expenses. The process of negotiating back and forth should eventually result in an appropriate and fair amount.

An experienced attorney can effectively argue the merits of your case, including presenting evidence supporting your losses. This may include photos of the damage to your vehicle as well as a police report and witness testimony. We have the ability to calculate the various components of your claim like loss of income as well as pain and suffering, and police report.

If the insurance company is unwilling to pay a reasonable amount at the moment, we can make a claim. A trial usually lasts one or two days and is usually ruled by an individual judge (called a bench trial) or by a jury. If your case settles prior to reaching this phase it could take months. In addition, your attorney might be eligible to file a motion for summary judgement. This is a way of claiming that all evidence is in your favor, and arguing that it's impossible for the opposing side to win.

Filing an action

In the majority of car accident instances, parties can resolve their disagreement outside of court. Our team can help you negotiate with the insurance company of the other driver or directly with the person who is at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The complaint contains your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a specified amount of time to respond to it.

The discovery stage is when our attorneys and 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 about their view of events, focusing on what they believe happened during the crash, as well as how they think it occurred and the injuries you've sustained. We will also look for experts to back our assertions.

During the discovery process your lawyer may file legal documents called motions to the court for a judge's ruling on. This could include asking the court to omit evidence or to schedule a trial. It can take a whole year or more to complete the discovery process and determine a trial date for your case. This is why it's important to partner with an experienced Long Island car accident attorney at the beginning of the process.