The Intake Process for Car Accident Litigation

A lawyer that specializes in the area of car accident litigation will assist you in determining how strong your case is as well as how much your settlement could be worth. This is only possible if all the information you require is available.

The first step in a car accident lawsuit is called discovery. During this phase, attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is a major part of the work in an auto accident law firm accident. This could include evidence such as photographs, medical records, or witness statements. The more evidence you have the better your case will be.

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

Your attorney can also use an official report from law enforcement to seek additional evidence if necessary. If the accident occurred in an office such as a place of business, an employee may have recorded video footage. If this is the case, you must seek a copy from the company.

Record any expenses you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This could include medical expenses or records of treatment, receipts for medication rental car expenses for in-home assistance, care at home expenses for transportation, and more. It is important to record the loss of income due to your injury. This could include old pay slips and tax returns.

If you can, collect the names of witnesses to the incident as well. These people may be able to provide important details, especially if are able to get them to give evidence in court. It is important to remember that witnesses may alter their stories and forget details about the accident over time.

Intake and Investigation

The process of intake is vital to obtaining fair compensation for your accident injuries, whether you have filed a claim with an insurance company or are suing the party at fault. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports and other available evidence. They will also go to and document the scene of the auto accident lawyer.

This will allow them to determine the severity of the injuries you've suffered as well as the future and current costs for your emotional or physical suffering. Then, they will look at your financial losses to determine the worth of your case. The damages you suffer could include not only future and ongoing medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing the available evidence. They will also collect the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the collision. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was at work, as this could impact their ability to pay for your damages.

As part of the discovery procedure, your lawyer will also inquire about the defendant's criminal and traffic offence 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 are able to begin settlement negotiations. Initially, the insurance company will make an offer that's usually substantially lower than the amount you requested in your letter. This is an opportunity to determine the strength of your argument. In your counteroffer, it's important to highlight the strongest arguments you have to your advantage. For instance, if you claim that the insurer was in the wrong and that there were severe injuries as well as high medical costs. The process of negotiating back and forth should eventually result in an equitable and reasonable amount.

A skilled accident attorney can effectively argue for the merits of your claim including presenting evidence supporting your losses. This could include photos of vehicle damage, police reports and witness testimony. We have the ability to calculate the various components of your claim, including loss of income, pain and suffering and police report.

If at this point the insurance company is still refusing to provide a reasonable amount, we can decide to file a lawsuit in court. A trial usually lasts for about two or three days and is either heard by an individual judge (called a bench trial) or by a jury. If your case settles prior to this stage it could take several months. Alternatively, your attorney may be in a position to file a motion for summary judgement. This is a way of claiming that all evidence is in your favor and arguing that it is impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of car crash cases, the parties can resolve their disagreement without the need for court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault. However, if there is no agreement our lawyers will initiate a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint and given a specified amount of time to respond.

During the discovery phase, our lawyers will discuss documents and other material with the defendant and ask questions via interrogatories as well as depositions. Our team will pose questions to the lawyer representing the defendant about their view of the events, including the injuries you've sustained and how they believe it happened. We will also seek expert opinions that will support our stance.

During the discovery phase, your lawyer may make legal documents known as motions in court to be decided by an individual judge. This may include requesting the court to omit evidence or schedule a trial. It can take a year or more to complete the discovery process and establish the trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney early in the process.