The Intake Process for Car Accident Litigation

A lawyer who has experience in the field of car accident litigation will be able to assist you determine the potential strength of your case and the amount of settlement you can get. However it is only possible if you have all the relevant information.

The initial step in a car crash lawsuit is known as discovery. In this phase, attorneys and their teams will communicate with each other and ask questions under the oath.

Documentation

Documentation is an integral component of the event of a car crash. This could include evidence such as medical records, photos or witness statements. Generally speaking, the more evidence you can provide to support your claim the more convincing your case will be.

A police report is the very first document you need. Typically the police officer that arrives at the scene of the accident will draft an investigation report. This will provide important information about the circumstances of the crash and who was responsible for the incident.

If needed your attorney has to use an investigation report to collect additional evidence. For instance, if an incident occurred in a business or office, an employee working at the area may have recorded video footage of the incident. If this is the case, ask for a copy of the footage from the company.

Keep track of any expenses you incur in the aftermath of the accident. Record any costs you incur due to. These could include medical bills and records of your treatment, receipts for auto Accident law firm medications rental car expenses and in-home assistance or care, transportation costs, and much more. Also, you should document any income loss due to your accident. You can utilize old tax returns and pay stubs.

You should also find the names of witnesses. They could be valuable sources of information for your case, especially those who are able to give evidence at trial. It's important to keep in mind that witnesses could alter their story and forget details about the auto accident lawyer over time.

Intake and Investigation

If you've made an insurance claim with an company or are preparing a lawsuit against an at-fault driver, the initial intake process is crucial to getting an adequate and fair settlement for the injuries you sustained in a crash. Your attorney will start by reviewing your medical documents, as well as copies of accident reports, and other evidence. They will also go to and document the scene of the accident.

This information will allow them to comprehend the severity of your injuries, both in terms of future and current costs for your emotional and physical suffering. They will then review your financial losses in order to determine the worth of your case. The damages could not be limited to only current and future medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also gather driving and cell phone records of the drivers at fault to determine how they operated their vehicle at that time. This is especially important if there was a collision that involved an Uber or Lyft car or any other indication that the driver was on the clock.

In addition your attorney may inquire regarding the defendant's prior criminal and traffic offence history as part of the discovery process. Generally, these details are not admissible in court, but they can be useful to undermine the credibility of a defendant during cross-examination.

Negotiating a Settlement

Once you have the medical records after which your lawyer can start negotiations on settlement. Initially the insurance company will make an offer which is usually substantially lower than the amount you demand in the letter. This is a method to assess the credibility of your argument. In your counteroffer, it is essential to highlight the most compelling points that you have to your advantage. For instance, if you claim the insurer was in the wrong and that there were serious injuries as well as the medical costs were high. Negotiating back and forth could eventually lead to an acceptable and reasonable amount.

An experienced accident lawyer can effectively argue your claim's merits by presenting evidence to justify your losses. This could include photos of the damage to your vehicle, a police report and witness testimony. We are able to determine the various elements of your claim like lost income or pain and suffering, as well as police reports.

If the insurance company is unwilling to pay a reasonable amount at this point, we may make a claim. A trial typically lasts about two or three days and can be heard by a judge (called a bench trial) or by jurors. If your case is settled before reaching this stage the process could last months. Your attorney may also be able to file a summary judgment motion. This involves arguing that all evidence is in your favor and arguing that it is impossible for the opponent to prevail.

Filing a Lawsuit

In the majority of cases involving car auto accidents parties are able to settle their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the driver at fault. If an agreement cannot be reached our lawyers will initiate an action against the defendant. The complaint contains your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specific amount of time to answer.

The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will inquire to the lawyer representing the defendant about their interpretation of the events, focusing on what injuries you have suffered and how they believe it happened. We will also seek expert opinions that enforce our position.

During the discovery phase, your lawyer may make legal documents known as motions in court to be decided by a judge. This can include requesting the court to exclude evidence or schedule a trial. It can take as long as a year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto Accident law firm accident attorney early in the process.