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, and how the settlement might be worth. This is only possible if all the information you require is available.

Discovery is the very first step of a car accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is a significant element of an auto accident law firms accident. This may include evidence like photographs, medical records or witness statements. Generally, the more documentation you have to support your claim, the stronger your argument will be.

A law enforcement report is the primary document you should have. Typically, the police officer who arrives at the scene of the accident will draft reports, and these will provide important information about what happened and who was at fault for the incident.

If necessary your lawyer has the option of using a police report to gather additional evidence. If the accident occurred in the workplace such as a place of business an employee could have recorded video footage. If this is the case, you should seek a copy from the company.

It is also important to document the expenses you incur in the aftermath of the accident. These could include medical bills and records of your treatment, receipts from medication, rental car fees home care or assistance expenses for transportation, and more. You should also document any income loss due to your accident. You can use tax returns and pay stubs.

You should also get the names of witnesses. They may be able to provide important information, especially if are able to get them to be a witness in court. It is important to remember that witnesses can alter their accounts and forget details about the incident over time.

Intake and Investigation

If you've filed an insurance company or are starting an action against the at-fault driver, the intake process is crucial to getting full and fair compensation for the injuries you sustained in a crash. Your attorney will begin by looking over your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit and document the scene of the accident.

This will help 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 current and future financial losses to estimate the value of your case. The damages could comprise not only your current and future medical expenses but also income loss and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing all available evidence. They will also obtain the at-fault driver's driving and cell phone records to see how they were using their vehicle at the time of the accident. This is especially 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 cover your damages.

As part of the discovery process as part of the discovery process, your lawyer will ask about the defendant's traffic and criminal conviction records. These details are generally not admissible in court, but they can be useful to discredit the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you have received your medical records, you're able to start settlement negotiations. In the beginning the insurance company will offer an offer that's usually much lower than what you requested in your letter. This is a method to determine how strong your case. In the counteroffer, it is crucial to highlight the most powerful points in your favor - for example, that the insured was fully at fault and that you suffered severe injuries with the highest medical costs. Eventually, back and forth bargaining should result in an amount that is fair and reasonable.

A skilled accident lawyer can successfully argue your claim's merits, including presenting proof to support your losses. This may include photos of the car damage as well as a police report and witness testimony. We also know how to calculate the value of each element of your claim, such as loss of income, suffering and pain.

If at this point the insurance company is still refusing to offer a reasonable amount, we may choose to make a claim in court. A trial usually lasts up to two days and can be heard by an individual judge (called a bench trial) or jurors. If your case is settled prior to reaching this phase, the process can take months. Alternatively, your attorney may be able to file a motion for summary judge. This is a way of claiming that all evidence is in your favor and arguing that it's impossible to allow the opposing side to win.

Filing an action

In a majority of cases involving car accidents, the parties can resolve their disputes outside of court. Our team will work to help you negotiate an agreement with the insurance company, or directly with the at-fault party. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served with the Complaint and given a certain period of time to respond to it.

The discovery phase is where our lawyers and the defendant begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will pose questions to the lawyer representing the defendant about their perspective on the events, such as what injuries you've sustained and what they believe happened. took place. We will also solicit expert opinions to support our position.

During the discovery phase, your lawyer may make legal motions to the court for a judge to decide on. This can include requests for the court's decision to exclude certain evidence or to schedule an appointment for trial. It could take a full year or more to complete the discovery process and set the date of trial for your case. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible in the process.