The Intake Process for Car Accident Litigation

A lawyer who specializes in car accident litigation can assist you in determining how strong your case is, and how the settlement may be worth. But it is only possible when you have all the relevant information.

Discovery is the first step of a car accident case. In this phase, attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

Documentation is a significant part of the work in a car accident. This can include evidence such as photographs, medical records, or witness statements. The more evidence you can provide to support your claim, the more convincing your argument will be.

A police report is the primary document you should have. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will provide important details about the accident and who was responsible for it.

If needed your lawyer has the option of using an investigation report to collect additional evidence. If the incident occurred at the business environment such as a place of business an employee might have recorded video footage. If this is the situation, the tape must be requested from the business as soon as is possible.

It is also important to document the expenses you incur due to the auto accident lawsuit. This could include medical expenses and records of your treatment, medication receipts rental car expenses, in-home assistance or care as well as transportation costs. It is also important to document the loss of income due to your accident. You can utilize old tax returns and pay stubs.

It is also advisable to obtain the names of witnesses. These witnesses can be important sources of information in your case, especially when they can be a witness in a trial. It is important to keep in mind that witnesses may change their narratives and forget specifics about the accident over time.

Intake and Investigation

Whether you have filed an insurance claim with an company or are starting legal action against a negligent driver, the process of intake is essential to receive the fair and complete compensation you deserve for your crash injuries. 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 visit the site of the accident to record and observe what they can.

This information will allow them to determine the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. They will then review your financial losses to determine the value of your case. The damages could not be limited to only current and future medical expenses, but also loss of income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also gather driving and cell phone records of the at-fault drivers to determine if they were using their vehicle at the time. This is particularly important if there was a collision with an Uber or Lyft car, or any other indication that the driver was working on the clock.

As part of the discovery procedure Your lawyer will ask about the defendant's traffic and criminal record of offenses. These information is generally not admissible, however they can be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have the medical records after which your lawyer can start negotiations to settle the matter. Initially the insurance company will make an offer which is usually much lower than what you have requested in the letter. This is a strategy to see how strong your case. When you counteroffer, it's crucial to highlight the most powerful arguments to your advantage. For example, that the insurance company was at fault and that there were serious injuries and significant medical expenses. Negotiating back and forth could eventually lead to an acceptable and reasonable amount.

A skilled accident attorney will effectively argue the merits of your case, including presenting evidence supporting your losses. This could include photographs of the car's damage along with a police report as well as witness testimony. We have the ability to determine the various elements of your claim such as loss of income along with pain and suffering as well as a police reports.

If at this point the insurance company still refuses to offer a fair amount, we can decide to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is judged by jurors or a judge. If your case settles prior to this stage it could take a few months. Alternatively, your attorney may be capable of filing a motion for summary judgement. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.

Filing an action

In a majority of car accident cases, the parties can settle their disputes outside of court. Our team will help you negotiate an agreement with the insurance company, or directly with the at-fault party. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint will outline your claims and allegations regarding the circumstances of the crash and the reason you should be compensated. The defendant is served the Complaint and given a set amount of time to answer.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their interpretation of the events, including the injuries you have suffered and the way they believe it took place. We will also request expert opinions to support our position.

During the discovery phase, your lawyer could file legal documents known as motions to the court for a decision by a judge. This could include asking the judge to exclude evidence or set a trial date. It can take up an entire year for the discovery process to be completed and a trial date established. This is the reason it's essential to partner with an experienced Long Island car auto accident law firm accident law firms; Suggested Webpage, attorney at the beginning of the process.