The Intake Process for Car Accident Litigation

A lawyer with expertise in litigation involving car accidents can assist you in determining how strong your case is and how the settlement may be worth. This is only possible if all the information you require is available.

The first step in a car accident lawsuit is called discovery. During this stage, attorneys and their teams communicate with each other and ask questions under an oath.

Documentation

Documentation is a major element of an auto accident lawsuits accident. This can include evidence like photos, medical records or witness statements. Generally speaking, the more evidence you have to back your claim the stronger your claim will be.

The first piece of evidence you need is a law enforcement report. Typically the police officer that arrives at the scene of the accident will prepare the report, and it will provide crucial information on the circumstances of the crash and who was responsible for the incident.

Your lawyer may also utilize a law enforcement report to seek additional evidence if required. For instance, if the incident took place in a commercial or office, an employee working at the area may have recorded video footage of the incident. If this is the situation, a copy of the tape must be requested from the business as soon as it is possible.

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

If you are able to, request the names of any witnesses to the incident as well. They may be able to provide valuable information, especially if you are able to get them to give evidence in court. It's important to keep in mind that witnesses may alter their stories and forget details about the incident over time.

Intake and Investigation

The intake process is critical in obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you've made an insurance claim or you are suing the person at fault. Your attorney will begin by examining your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.

This information will assist them comprehend the severity of your injuries, both in terms of future and current costs for your physical and emotional suffering. They will then review your current and future financial losses in order to determine the worth of your case. Your damages can include not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence. They will also gather the driver at fault's driving records and phone records to determine what they were doing with their vehicle at the time of the crash. This is particularly important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was at work, as this could affect the ability of them to pay damages.

As part of the discovery procedure as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal record of offenses. These details are generally not admissible but could be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After you've obtained the medical documents after which your lawyer can start negotiations to settle the matter. Initially the insurance company will offer an offer that is often substantially lower than the amount you demand in the letter. This is an opportunity to test the strength of your case. In the counteroffer it is important to emphasize the strongest arguments in your favor, for example, that the insured was at blame and that you were afflicted with severe injuries with high medical costs. In the end, a lot of the back and forth negotiation will lead to an amount that is both fair and reasonable.

A skilled accident lawyer can successfully argue your claim's merits including presenting evidence to back your losses. This may include photos of your car damage, police reports, and witness testimony. We also know how to determine the value of various components of your claim, such as lost income and pain and suffering.

If the insurance company is unwilling to pay a reasonable amount at this point, we may make a claim. A trial usually lasts between one and two days, and is conducted by either a judge or Auto Accident Lawsuits jury. If your case is settled before this point it could take several months. Alternatively, your attorney may be able to file 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 win.

Filing a Lawsuit

In the majority of cases involving car accidents parties are able to resolve their disagreement outside of court. Our team will help you negotiate an agreement with the insurance company of the other driver company, or directly with the person at fault. However, if there is no agreement, our lawyers will initiate an action against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a specific amount of time to respond.

The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will inquire to the defendant's lawyer about their view of the events, such as what injuries you've sustained and what they believe happened. happened. We will also seek expert opinions to support our assertions.

During the discovery phase, your lawyer can make legal documents known as motions to the court for a decision by a judge. This can include requests for the court's decision to exclude certain evidence or to schedule an appointment for trial. It can take a year or more to complete the process of discovery and to set a trial date for your case. It's crucial to consult with an experienced Long Island auto accident lawyer accident attorney as early as possible in the process.