The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can assist you in determining how strong your case is and how the settlement may be worth. This is only possible when all the information you need is available.

The first step in a lawsuit involving a car accident is called discovery. During this stage attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a significant part of the work in an glencoe auto accident law firm accident. This may include evidence like photographs, medical records, or witness statements. In general, the more evidence you have to support your claim the more convincing your case will be.

The first piece of documentation you should have is a police report. The police officer who arrives at the scene is likely to prepare a written report. It will provide important details about the incident and the person responsible for it.

If required your attorney has to use a police report to gather additional evidence. For instance, if an incident occurred in a business the employee who worked at that location may have recorded video footage of the incident. If this is the case, you must request a copy from the company.

You should also keep track of any expenses you incurred as a result of the accident. This could include medical bills and records of your treatment, receipts for medications rental car expenses home care or assistance, transportation costs, and many more. You should also document any income you lose due to your accident. You can use old tax returns and pay stubs.

You should also get the names of witnesses. They might be able to provide important information, especially if you can get them to appear in court. It is important to keep in mind that witnesses may change their narratives and forget specifics about the incident as time passes.

Intake and Investigation

If you have filed an insurance firm or are beginning legal action against a negligent driver, the intake process is essential to receive the fair and complete compensation you deserve for your injuries from a crash. Your lawyer will begin by looking over your medical records and then obtaining copies of accident reports as well as other evidence. They will also go to and document the accident scene.

This information will assist them determine the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. They will then look over your existing and expected financial losses to determine the total value of your case. The damages you suffer could include not only future and current medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing all available evidence. They will also collect the driver at fault's driving and phone records to determine what they were doing with their vehicle at the time of the collision. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle or any other evidence that suggests the driver was working around the clock.

As part of the discovery process, your lawyer will also ask about the defendant's criminal and traffic offense records. Generally speaking, these facts are not admissible in court, however they can be useful to impeach the defendant's credibility during cross examination.

Negotiating a Settlement

Once you have received the medical records, you're able to start settlement negotiations. The insurance company will typically make an initial offer that is much smaller than the amount that you requested in your letter. This is an opportunity to assess the strength of your case. In your counteroffer, it is important to highlight the strongest arguments you have in your favor. For instance, you could argue that the insurance company was at fault and there were severe injuries and high medical costs. Eventually, bargaining back and forth will result in an amount that is reasonable and fair.

An experienced accident lawyer can successfully argue the merits of your claim including presenting evidence supporting your losses. This could include photos of the car damage, police reports and witness testimony. We also know how to determine the value of various elements of your claim, like lost income and pain and suffering.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we can bring a lawsuit. A trial usually lasts between one and two days, and is judged by a judge or a jury. If your case settles before this stage it can take a few months. Your attorney might also be able file a summary motion for judgment. This means claiming that all evidence is in your favor, and arguing that it is impossible for the opposition to win.

Filing an action

In the majority of car crash instances, parties can settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If an agreement is not reached our lawyers will start an action against the defendant. The Complaint will detail your claims and details about the cause of the crash and why you deserve compensation. The defendant is served with the Complaint, and given a certain time frame to respond.

During the discovery phase, our lawyers will exchange documents and other evidence with the defendant, while asking questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as what they believe happened during the crash, as well as how they think it happened and what injuries you've suffered. We will also seek out expert opinions that will support our stance.

During the discovery stage, your lawyer will prepare legal documents referred to as motions in court to be ruled on by the judge. This may include requests for the court to block certain evidence, or to set a trial date. It can take as long as one year for the discovery process to be completed and a trial date established. This is why it's vital to consult with a seasoned Long Island car accident attorney at the beginning of the process.