The Intake Process for Car Accident Litigation

A lawyer that specializes in the field of car accident litigation can help you determine the strength of your case is as well as how the settlement may be worth. This is only possible if all the information you require is available.

Discovery is the first stage of an auto accident law firm accident case. During this phase attorneys and their teams exchange documents and discuss questions under oath.

Documentation

Documentation is a large element of an accident. This could include evidence such photos, medical records or witness statements. The more documentation that you have, the more convincing your case.

The first piece of evidence you should have is a report from the police. Typically, the police officer who comes to the scene of the crash will prepare reports, and these will provide important information about how the accident occurred and who was at fault for the incident.

Your lawyer may also utilize an official report from law enforcement to seek additional evidence if necessary. If the accident occurred in an office such as a place of business employees may have recorded video footage. If this is the case, the tape must be requested from the business as quickly as it is possible.

You should also document any expenses you incurred due to the accident. This can include medical bills and records of your treatment, receipts for medication rental car charges and in-home assistance or care as well as transportation costs and much more. You should also document the loss of income due to your injury. This could include old pay stubs as well as tax returns.

If you can, collect the names of witnesses to the accident as well. These witnesses can be valuable sources of information for your case, particularly those who are able to give evidence at trial. But, it's important to keep in mind that witnesses can alter their testimony over time and could forget specific details about the incident.

Intake and Investigation

Whether you have made a claim with an insurance company or have started legal action against a negligent driver, the process of obtaining an intake is essential to obtaining the full and fair amount of compensation for your crash injuries. Your attorney will start by looking over your medical treatment documents, as well as copies of accident reports, and other evidence. They will also go to and document the scene of the accident.

This will help them determine the extent of your injuries in relation to future and projected costs for your physical and emotional suffering. Then, they'll review your current and future financial losses in order to estimate the value of your case. The damages could not be limited to only future and ongoing medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any available evidence. They will also take the driver at fault's driving and phone records to determine the way they used their vehicle at the time of the crash. This is particularly important when there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver was working on the clock.

Additionally the lawyer may inquire regarding the defendant's prior criminal and traffic offence history during the discovery process. These facts are usually not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After obtaining the medical records, your lawyer can begin negotiations on 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 important to highlight the strongest points in your favor - for example, that the insured was completely at the fault and that you sustained serious injuries that resulted in high medical expenses. Negotiating back and forth will eventually lead to a fair and reasonable amount.

A skilled attorney can effectively argue your claim's merits including presenting proof to support your losses. This may include photos of the car's damage along with a police report as well as witness testimony. We also know how to calculate the value of each element of your claim, like lost income and suffering and pain.

If at this point the insurance company refuses to offer a fair amount, we have the option to start a lawsuit in the courtroom. A trial usually lasts one or two days and is usually ruled by an individual judge (called a bench trial) or by a jury. If your case settles prior to this stage it can take a few months. Your attorney may also be able file a summary motion to enter judgment. This involves arguing that all evidence is in your favour, and arguing it's impossible for auto accident law Firm the other side to prevail.

Filing a Lawsuit

In the majority of car accident cases parties can resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the person at fault. If an agreement cannot be reached our lawyers will initiate an action against the defendant. The Complaint will outline your claims and allegations regarding how the accident 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 share documents and other evidence with the defendant and ask questions through interrogatories and depositions. Our team will inquire to the defendant's lawyer about their perspective on the events, such as what injuries you've sustained and how they believe it took place. We will also search for expert opinions to support our assertions.

During the discovery phase, your lawyer may prepare legal documents referred to as motions in court to be decided by the judge. This can include requesting the court to exclude evidence or schedule a trial. It can take up to one year for the discovery process to be completed and a trial date scheduled. It's crucial to consult with an experienced Long Island auto accident lawyer auto accident law firm attorney early in the process.