The Intake Process for Car Accident Litigation

A lawyer that specializes in the field of car accident litigation can help you determine the strength of your case is and also how the settlement may be worth. This is only possible if all the information you require is available.

Discovery is the first stage of a car auto accident lawyers case. During this phase, attorneys and their teams exchange documents and vehicle ask each other questions under swearing.

Documentation

A significant portion 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 case will be.

A police report is the primary document you should have. Typically the police officer that arrives at the scene of the accident will prepare a report, and this will provide crucial information on how the accident occurred and who was at fault for the incident.

Your lawyer may also utilize a law enforcement report to seek additional evidence if required. If the accident happened in the business environment, for example, an employee may have recorded video footage. If this is the case, you must seek a copy from the business.

Record any expenses you have incurred in the aftermath of the accident. Document any expenses you incurred due to. This can include medical bills and records of your treatment, medication receipts, rental car charges, in-home assistance or care expenses for transportation, and more. It is important to record any income you lose due to your injury. This could include old pay stubs and tax returns.

It is also advisable to get the names of witnesses. These witnesses can be important sources of information in your case, especially when they can give evidence at trial. It's important to remember that witnesses may alter their stories and forget details about the incident as time passes.

Intake and Investigation

The process of intake is vital in obtaining an adequate amount of compensation for your injuries sustained in an accident regardless of whether you've filed a claim with an insurance company or are suing the party at fault. Your attorney will start by looking over your medical treatment records, obtaining copies of accident reports and other available evidence. They will also go to and document the accident scene.

This information will assist them know the extent of your injuries in relation to current and projected future costs for your physical and emotional suffering. They will then review your financial losses to estimate the total value of your case. The damages you incur could include not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing all available evidence. They will also collect the driver at fault's driving records and phone records to determine how they were using their vehicle at the time of the accident. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was working while at work, as this could impact the ability of them to pay damages.

In addition the lawyer may ask questions about the defendant's previous criminal and traffic-related offenses in the discovery process. These details are generally not admissible, but they could be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After obtaining the medical records after which your lawyer can start negotiations to settle the matter. Initially, the insurance company may make an offer that is usually much lower than what you request in the letter. This is a method to see how strong your case. In the counteroffer it is important to highlight the strongest arguments in your favor, for example, that the insured was fully at fault and that you suffered severe injuries with significant medical expenses. The process of negotiating back and forth should eventually lead to a fair and reasonable amount.

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

If the insurance company is unwilling to pay an acceptable amount at this point, we may make a claim. A trial usually lasts one or two days and is supervised by an individual judge (called a bench trial) or by a jury. If your case settles prior to this phase, it can take several months. Your attorney might also be able to file a summary motion for judgment. This involves asserting all of the evidence in your favor and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In a majority of cases involving car auto accidents parties can resolve their disputes outside of court. Our team will assist you in negotiating a settlement with the insurance company of the other driver company or directly with the party at fault. If no agreement can be reached, our lawyers will file a lawsuit against the defendant. The Complaint will list your claims and allegations regarding the circumstances of the crash and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond to it.

During the discovery phase, our attorneys will discuss documents and other information with the defendant while asking questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, such as what they believe happened, how they believe it occurred and what injuries you've suffered. We will also request expert opinions that will support our stance.

During the process of discovery, your lawyer could submit legal documents known as motions to the court for a judge to decide on. This may include requesting the court to omit evidence or schedule a trial. It could take a full year or more to complete the discovery process and establish the date of trial for your case. This is why it's important to find a knowledgeable Long Island car accident attorney early on in the process.