The Intake Process for Car Accident Litigation

A lawyer with expertise in car auto accident attorneys litigation can help you determine the strength of your case is as well as how the settlement you receive could be worth. But this is only feasible if you have all the relevant information.

The first step in a car accident lawsuit is called discovery. During this phase attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

A lot of the work that goes into a car accident investigation is gathering evidence. This could include evidence such photos, medical records or witness statements. In general, the more evidence you can provide to support your claim the more convincing your argument will be.

A police report is the first piece of paper 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 information about the accident and who was responsible.

If required, your attorney can use an investigation report to collect additional evidence. If the accident happened in the workplace for instance employees may have recorded video footage. If this is the case a copy of the tape must be requested from the business as soon as possible.

Record any expenses you have incurred in the aftermath of the accident. Document any expenses you incurred due to. This can include medical bills and records for your treatment, receipts for medication rental car costs as well as in-home care or assistance as well as transportation costs and much more. It is important to record any income lost due to your accident. You can use old tax returns and pay stubs.

If you are able, obtain the names of witnesses to the incident as well. They may be able to give valuable information, especially if you are able to have them testify in court. However, it's important to remember that witnesses can alter their stories over time and could forget specific details about the accident.

Intake and Investigation

If you have made an insurance company or are preparing legal action against a negligent driver, the intake process is crucial to getting the fair and complete compensation you deserve for your crash injuries. Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports and other evidence. They will also visit and document the scene of the accident.

This will help them determine the extent of your injuries both in terms of future and anticipated costs for your physical and emotional suffering. They will then review your existing and expected financial losses to determine the value of your case. The damages could include not only future and current medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any available evidence. They will also collect the driver at fault's driving records 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 with an Uber or Lyft vehicle or any other indication that the driver was on the clock.

As part of the discovery process the lawyer will ask about the defendant's criminal and traffic offence records. These facts are usually not admissible, but can be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After receiving the medical records, it is possible to begin negotiations for settlement. In the beginning, the insurance company will present an offer that is often substantially lower than the amount you requested in your letter. This is a tactic to assess how strong your argument is. In the counteroffer, it's crucial to highlight the most powerful arguments in your favor, for instance, that the insured was completely at fault and that you suffered severe injuries with high medical expenses. Eventually, bargaining back and forth should result in an amount that is both reasonable and vehicle fair.

An experienced attorney will effectively argue the merits of your claim including presenting evidence that supports your losses. This may include photos of your car damage, police reports, and witness testimony. We can determine the various elements of your claim, including loss of income or pain and suffering, as well as police reports.

At this point, if the insurance company continues to refuse to offer a fair amount, we can decide to bring a lawsuit to court. A trial typically lasts between one and two days. It is either heard by an individual judge (called a bench trial) or jurors. If your case settles prior to reaching this stage, the process can take months. Your attorney may be capable of filing a motion for summary judge. This involves asserting all of the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of car accident cases, the parties can resolve their disagreement outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the driver at fault. However, if an agreement cannot be reached, our lawyers will bring an action against the defendant. The Complaint will include your claims and allegations regarding how the crash occurred and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain amount of time to respond.

The discovery phase is where our lawyers and the defendant begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of events, including what they believe happened, how they believe it happened and what injuries you've sustained. We will also seek expert opinions to support our claims.

During the discovery phase, your lawyer can submit legal documents known as motions to the court for a judge's ruling on. This could include requests for the court's decision to exclude certain evidence or to schedule a trial date. It can take up a 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 lawyer accident attorney as early as possible during the process.