The Intake Process for Car Accident Litigation

A lawyer with experience in defending car auto accident law firm cases will be able to help you determine the worth of your case and the amount of settlement you could get. However this is only feasible when you have all the information needed.

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

Documentation

A lot of the work that goes into a car accident case is collecting documentation. This could include evidence like medical records, photos, or witness statements. Generally speaking, the more evidence you have to support your claim the more convincing your claim will be.

The first piece of evidence that you must have is a report from the police. The police officer who arrives at the scene of the accident is likely to prepare a written report. This report will provide important information regarding the accident as well as the person responsible for it.

Your lawyer can also make use of a law enforcement report to obtain additional evidence, if needed. If the accident occurred in the workplace, for example, an employee may have recorded video footage. If this is the case, a copy of the tape should be requested from the business as quickly as it is possible.

You should also record any expenses you incurred due to the accident. These could include medical bills or records of treatment, receipts for medication rental car fees, in-home assistance or care as well as transportation costs. It is important to record any income you lose due to your injury. This can include old pay stubs, auto accident Attorney as well as tax returns.

You should also get the names of witnesses. These people may be able to provide valuable details, especially if can get them to be a witness in court. It's important to remember that witnesses may alter their story and forget details about the accident over time.

Intake and Investigation

Whether you have made an insurance claim with an company or are preparing an action against an at-fault driver, the initial intake process is crucial to getting the full and fair amount of compensation for your injuries from a crash. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports, and other evidence. They will also visit and document the accident scene.

This information will enable them to assess the severity of the injuries you've suffered, both in terms actual and projected costs for your physical or emotional suffering. Then, they will review your financial losses to estimate the value of your case. Your damages can include not just your current and future medical expenses as well as lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any evidence. They will also take data from the cell phone and driving records of the at-fault drivers to determine if they were using their vehicle during the time. This is particularly important if there was a collision with an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the clock.

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

Negotiating a Settlement

Once you have received the medical records, you're able to begin settlement negotiation. Initially the insurance company may make an offer that is usually much lower than what you requested in your letter. This is a strategy to see how strong your case is. In your counteroffer, it's crucial to highlight the most powerful arguments in your favor. For example, the insurer was at fault and that there were severe injuries as well as the medical costs were high. Negotiating back and forth should eventually lead to an appropriate and fair amount.

A skilled attorney for accidents will effectively argue the merits of your claim including presenting evidence supporting your losses. This could include photos of the car damage, police reports or witness testimony. We also know how to calculate the value of different elements of your claim, including lost income and suffering and pain.

At this point, if the insurance company continues to refuse to offer a reasonable amount, we can choose to file a lawsuit in court. A trial usually lasts for about two or three days and is supervised by a judge (called a bench trial) or by jurors. If your case is settled prior to reaching this phase the process could take months. Your lawyer may also be able file a summary motion to dismiss. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the opposing side to win.

Filing a Lawsuit

In a majority of car accident cases, the parties are able to settle their disputes outside of court. Our team will help you negotiate an agreement with the insurance company or directly with the person at fault. However, if there is no agreement, our lawyers will bring an action against the defendant. The Complaint will outline your claims and details about how the crash occurred and the reason you should be compensated. The defendant is served with the Complaint, and given a specified time frame to respond.

During the discovery phase, our attorneys will exchange documents and other information with the defendant while asking questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of 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 request expert opinions to support our position.

During the process of discovery, your lawyer may file legal documents called motions to the court for a judge to rule on. This may include requesting the judge to exclude evidence or to schedule a trial. It could take a full year or more to complete the discovery process and establish the date of trial for your case. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point during the process.