The Intake Process for Car Accident Litigation

A lawyer with experience in the field of car accident litigation will be able to assist you determine the potential strength of your case and what settlement amount you might receive. This is only possible if all the information you require is available.

The initial step in a car accident lawsuit is known as discovery. During this stage, attorneys and their teams communicate with each other and ask questions under oath.

Documentation

Documentation is an integral component of an accident. This could include evidence such as photos, medical records or witness statements. Generally, the more documentation you have to support your claim, the stronger your claim will be.

The first piece of evidence you should have is a police report. The police officer who arrives at the scene will usually write a report. This report will provide important information about the accident and who was responsible.

Your attorney can also use an official report from law enforcement to seek additional evidence if necessary. For instance, if an incident occurred in a business the employee who worked at that location might have recorded video footage of the incident. If this is the case, you must ask for a copy of the footage from the business.

Keep track of any expenses you incur in the aftermath of the accident. These could include medical bills as well as records of your treatment, medication receipts rental car fees for in-home assistance, care at home transport costs, and many more. In addition, you should record any income loss due to your accident. You can use old tax returns and pay stubs.

If you are able, obtain the names of witnesses to the incident as well. They might be able to provide valuable information, especially if are able to have them appear in court. It's important to keep in mind that witnesses can alter their stories and forget details about the accident over time.

Intake and Investigation

The intake process is essential to getting an adequate amount of compensation for your accident injuries, whether you have filed a claim with an insurance company or you are suing the person at fault. Your lawyer will begin by looking over your medical treatment records, and obtaining copies of accident reports, and other evidence. They will also visit and document the accident scene.

This information will assist them comprehend the severity of your injuries both in terms of future and anticipated costs for your physical and emotional suffering. Then, they will look at your current and future financial losses to estimate the value of your case. The damages you suffer could include not only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also gather the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the accident. This is particularly important when there was a collision involving an Uber or Lyft car, or any other indication that the driver was on the clock.

As part of the discovery procedure as part of the discovery process, your lawyer will ask about the defendant's traffic and criminal conviction records. These facts are usually not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you have obtained the medical records, your lawyer can begin negotiations for settlement. The insurance company is likely to make an initial offer that is much less than what you requested in your letter. This is an opportunity to determine the credibility of your argument. In the counteroffer, it is important to emphasize the strongest arguments for your side - for example, the insured was entirely at blame and that you were afflicted with severe injuries with the highest medical costs. In the end, bargaining back and forth will lead to an amount that is both fair and reasonable.

A skilled attorney for accidents can effectively argue for the merits of your claim, by presenting evidence to prove your losses. This may include photos of the damage to your vehicle along with a police report as well as witness testimony. We also know how to determine the value of each element of your claim, like loss of income, pain and suffering.

If the insurance company refuses to pay an amount that is reasonable at this point, we can start a lawsuit. A trial usually lasts about two or three days and is either heard by an individual judge (called a bench trial) or jurors. If your case settles prior to this stage it could take several months. Alternatively, your attorney may be capable of filing an application for summary judgment. This involves arguing that all evidence is in your favor and arguing it's impossible for the other side to prevail.

Filing an action

In a majority of cases involving car accidents parties are able to settle their dispute out of court. Our team will assist you in negotiating an agreement with the other driver's insurance company or directly with the party at fault. If an agreement is not reached, our lawyers will start an action against the defendant. The complaint contains your claims and allegations regarding the incident and why you are entitled to compensation. The defendant is served with the Complaint and given a specified amount of time to answer.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will pose questions to the lawyer representing the defendant about their version of the events, including the injuries you've suffered and what they believe happened. occurred. We will also seek expert opinions that support our position.

During the discovery process your lawyer can make legal motions to the court for a judge to decide on. This can include requesting the court to block evidence or set a trial date. It can take up to an entire year for the discovery process to be completed and a trial date to be set. It's crucial to consult with an experienced Long Island paxton auto accident lawyer accident attorney as early as possible in the process.