The Intake Process for Car auto accident law firm Litigation

A lawyer with experience in car accident litigation can help you determine the worth of your case and how much settlement you could receive. This is only possible if all the information you need is available.

The initial step in a car accident lawsuit is called discovery. During this stage, attorneys and their teams will exchange documents and ask questions under oath.

Documentation

Documentation is a large component of an auto accident. This could include evidence such as medical records, photos or witness statements. The more documentation that you have, the better your case will be.

The first document you need is a law enforcement report. Typically, the police officer who comes to the scene of the crash will prepare an investigation report. This will provide crucial information on the circumstances of the crash and who was responsible for the incident.

Your attorney can also use a law enforcement report to obtain additional evidence in the event of need. For instance, if the incident took place in a commercial where employees were present, the location may have recorded footage of the incident. If this is the case, the tape should be requested from the business as quickly as it is possible.

It is also important to document the costs you have incurred as a result of the accident. These could include medical bills and records of your treatment, receipts from medication rental car expenses for in-home assistance, care at home expenses for transportation, and more. Also, you should document any income you lose due to your injury. You can use your old tax returns and pay stubs.

If you are able, obtain the names of any witnesses to the incident as well. They can be valuable sources of information for your case, especially if they are able to be a witness in a trial. It is important to keep in mind that witnesses may alter their stories and forget details about the incident over time.

Intake and Investigation

Whether you have made a claim with an insurance firm or are beginning legal action against a negligent driver, the process of intake is essential to obtaining full and fair compensation for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit and document the accident scene.

This information will allow them to know the extent of your injuries both in terms of current and projected future costs for your emotional and physical suffering. They will then review your financial losses in order to determine the value of your case. Your damages can include not only your present and future medical costs but also lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also collect the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the crash. This is particularly important when there was a collision involving an Uber or Lyft vehicle or any other evidence that suggests the driver was working around the clock.

Additionally the lawyer may inquire about the defendant's criminal and traffic-related offenses as part of the discovery process. These details are generally not admissible, but they could be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After obtaining the medical records after which your lawyer can start settlement negotiations. The insurance company will often make an initial offer that is much smaller than the amount that you demanded in your letter. This is a tactic to test how convincing your case. In the counteroffer, it's crucial to emphasize the most important arguments for your side - for example, that the insured was fully at the fault and that you sustained serious injuries that resulted in significant medical expenses. Negotiating back and forth will eventually lead to an equitable and reasonable amount.

A skilled lawyer for accidents can successfully argue your claim's merits including presenting evidence to back your losses. This could include photos of vehicle damage, police reports, and witness testimony. We can calculate various aspects of your claim, including loss of income or pain and suffering, as well as police report.

If the insurance company is unwilling to pay an appropriate amount at this point, we could file a lawsuit. A trial usually lasts between one and two days, and is judged by a judge or a jury. If your case is settled prior to reaching this stage, the process can take months. Your attorney may be eligible to file a motion for summary judge. This means claiming that all evidence is in your favor and arguing that it's impossible to allow the other side to win.

Filing a Lawsuit

In the majority of car accident cases, the parties can settle their dispute out of court. Our team will assist you in negotiating an agreement with the insurance company or directly with the person at fault. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint will include your assertions and allegations regarding the circumstances of the crash and why you deserve compensation. The defendant will be served the Complaint and given a specific amount of time to respond.

During the discovery phase, our attorneys will share documents and other information with the defendant and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, including what they believe happened during the crash, as well as how they think it happened and what injuries you've suffered. We will also solicit expert opinions that support our position.

During the discovery phase, your lawyer could make legal documents known as motions to the court to be decided by the judge. This may include requesting the judge to exclude evidence or set a trial date. It can take a whole year or more to complete the discovery process and set the trial date for your case. It is imperative to speak with an experienced Long Island auto accident law firms accident attorney at the earliest possible point during the process.