The Intake Process for Car Accident Litigation

A lawyer who is experienced in car accident litigation will be able to help you determine the strengths of your case as well as the amount of settlement you can receive. However, this is only possible if you have all the necessary information.

Discovery is the very first step of a car accident case. During this stage, attorneys and auto accident law firm their teams exchange documents and ask each other questions under oath.

Documentation

A large portion of the work involved in a car auto accident lawsuits case is collecting evidence. This could be evidence like photographs, medical records or witness statements. The more documentation that you have the better your case will be.

The first piece of evidence you need is a police report. The police officer who arrives at the scene of the accident will usually prepare a report. This will provide valuable information regarding the accident as well as who was responsible for it.

Your lawyer may also utilize a law enforcement report to seek additional evidence if required. If the accident happened in a place of business for instance employees may have recorded video footage. If this is the case, you should request a copy from the business.

Document any expenses you incurred as a result of the accident. Record any costs you incur due to. This can include medical bills and records of your treatment, receipts for medicines rental car expenses and in-home assistance or care, transportation costs, and many more. In addition, you should record any income loss due to your injury. You can utilize old tax returns and pay stubs.

If you can, collect the names of any witnesses to the accident as well. These people can serve as valuable sources of information for your case, especially those who are able to be a witness in a trial. However, it's important to keep in mind that witnesses are prone to altering their accounts over time, and may forget details of the incident.

Intake and Investigation

If you've filed an insurance claim with an company or are preparing a lawsuit against an at-fault driver, the intake process is essential to obtaining the full and fair amount of compensation for your crash injuries. Your lawyer will begin by reviewing your medical records, and obtaining copies of accident reports, as well as other evidence. They will also go to and document the scene of the accident.

This information will assist them comprehend the severity of your injuries as well as the future and projected costs for your physical and emotional suffering. They will then analyze your financial losses to determine the value of your case. The damages you incur could include not only your current and future medical expenses but also lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing all available evidence. They will also gather driving and cell phone records of the at-fault drivers to determine how they operated their vehicle during the time. This is especially important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working while working, as this could negatively impact the ability of them to pay damages.

In addition your attorney may ask questions regarding the defendant's prior criminal and traffic offence history in the discovery process. These facts are usually not admissible, but can be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After obtaining the medical records after which your lawyer can start negotiations to settle the matter. In the beginning, the insurance company will make an offer that's usually much lower than what you requested in your letter. This is an opportunity to test the credibility of your argument. In the counteroffer, you must be crucial to emphasize the most important arguments you have in your favor - for example, that the insured was entirely at the fault, and that you suffered severe injuries with the highest medical costs. Negotiating back and forth could eventually lead to an equitable and reasonable amount.

An experienced auto accident attorney lawyer can successfully argue the benefits of your claim, by presenting evidence to prove your losses. This could include photos of car damage, police reports or witness testimony. We can determine the various elements of your claim such as loss of income along with pain and suffering as well as a police reports.

At this point, if the insurance company continues to refuse to offer a reasonable amount, we can decide to file a lawsuit in court. A trial usually lasts for one or two days and is either heard by an individual judge (called a bench trial) or jurors. If your case is settled before this point it could take a few months. Your attorney may also be able to file a summary motion for judgment. This means claiming that all evidence is in your favour, and arguing that it's impossible to allow the opposing side to prevail.

Filing a Lawsuit

In a majority of car accident cases parties can settle their dispute out of court. Our team will assist you in negotiating a settlement with the other driver's insurance company, or directly with the person at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will include your claims and allegations about how the accident occurred and the reasons you are entitled to compensation. The defendant is served with the Complaint, and given a set period of time to reply.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, including what they believe happened during the crash, as well as how they think it took place and what injuries you've sustained. We will also look for expert opinions to support our claims.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court for a decision by an individual judge. This may include requesting the court to omit evidence or schedule a trial. It can take a whole year or more to complete the process of discovery and to set the date of trial for your case. It's crucial to consult with an experienced Long Island auto accident Law firm accident attorney as early as possible during the process.