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 could get. However this is only possible when you have all the relevant information.

The initial step in a car crash lawsuit is known as discovery. In this phase, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

Documentation is a major element of an auto accidents accident. This can include evidence like photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will become.

The first piece of documentation that you must have is a police report. Typically the police officer who arrives at the scene of the accident will write the report, and it will provide crucial information on the circumstances of the crash and who was at fault for the incident.

If needed you need to, your attorney can make use of the police report to gather additional evidence. If the incident occurred in an office, for example an employee could have recorded video footage. If this is the case, you should request a copy from the business.

You should also record the costs you have incurred due to the accident. These could include medical bills and records for your treatment, receipts for medication rental car costs home care or assistance expenses for transportation, and more. Additionally, you must keep track of any income loss as a result of your accident. This could include old pay stubs, as well as tax returns.

If you are able, obtain the names of any witnesses to the incident as well. They could be important sources of information in your case, particularly when they can be a witness in a trial. It's important to keep in mind that witnesses may alter their accounts and forget details regarding the accident as time passes.

Intake and Investigation

The process of intake is crucial to receiving fair settlement for your accident-related injuries, whether you have submitted an insurance claim or are suing the party at fault. Your lawyer will begin by looking over your medical records, as well as obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

This will allow them to comprehend the extent of the harm you've suffered as well as the cost and projections for your physical or emotional suffering. They will then look over your financial losses to determine the total value of your case. The damages could include not only your present and future medical costs, but also lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any available evidence. They will also gather the driver at fault's driving and cell phone records to see what they were doing with their vehicle at the time of the collision. This is especially important if there was a collision that involved an Uber or Lyft car, or any other indication that the driver was on the clock.

As part of the process of discovery the lawyer will inquire about the defendant's traffic and criminal offence records. These details are generally not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents, your lawyer can begin negotiations for settlement. Initially the insurance company will offer an offer which is usually substantially lower than the amount you demand in the letter. This is a way to test the strength of your case. In the counteroffer, it's crucial to highlight the most powerful points in your favor - for example, the insured was at blame and that you were afflicted with severe injuries with the highest medical costs. Negotiating back and forth should eventually result in an appropriate and fair amount.

An experienced accident lawyer can effectively argue for your claim's merits, including presenting evidence to back your losses. This may include photos of the damage to your car 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, suffering and pain.

If at this point the insurance company still refuses to provide a reasonable amount, we may choose to bring a lawsuit to court. A trial usually lasts between one and two days and is ruled on by a judge or a jury. If your case settles before this point it can take a few months. Your attorney may also be able to file a summary motion for judgment. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for the other side to prevail.

Filing a Lawsuit

In a majority of car accident cases 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 party at fault. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint contains your claims and allegations regarding the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specific timeframe to respond to it.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will ask questions to the defendant's lawyer about their view of the events, including the injuries you've sustained and what they believe happened. happened. We will also request expert opinions that will support our stance.

During the discovery phase, your lawyer can make legal documents known as motions to the court to be ruled on by the judge. This could include requests for the court to exclude certain evidence or to schedule the date for a trial. It can take up an entire year for the discovery process to be completed and a trial date to be set. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible in the process.