The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car accident litigation will assist you in determining how strong your case is as well as how the settlement you receive could be worth. However it is only possible with all the relevant information.

The initial step in a lawsuit involving a car accident is called discovery. During this stage attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a significant part of the work in a car accident. This could include evidence such as photographs, medical records or witness statements. The more documentation that you have, the better your case will be.

A law enforcement report is the primary document you should have. The police officer who arrives at the scene of an accident will typically prepare a report. It will provide important details about the accident and the person responsible for it.

If necessary you need to, your attorney can make use of the police report to gather additional evidence. For instance, if an accident happened in a business the employee who worked at that location 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 is possible.

It is also important to document the costs you have incurred as a result of the accident. These could include medical bills and records for your treatment, receipts for medications rental car expenses home care or assistance, transportation costs, and more. Additionally, you must note any income loss because of your accident. You can use your old tax returns and pay stubs.

It is also advisable to find the names of witnesses. These people may be able to provide important information, especially if are able to get them to appear in court. It is important to remember that witnesses can alter their stories and forget details regarding the accident as time passes.

Intake and Investigation

If you've filed an insurance firm or are beginning an action against an at-fault driver, the initial intake process is crucial to getting the full and fair amount of compensation for auto accident attorney your crash injuries. Your lawyer will begin by looking over your medical records, obtaining copies accident reports and other evidence. They will also visit and document the scene of the accident.

This will allow them to assess the severity of the harm you've suffered, both in terms future and current costs for your physical or emotional suffering. They will then analyze your financial losses to determine the value of your case. Your damages can comprise not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also take the driver who was at fault and their driving phone records to determine how they used their vehicle at the time of the crash. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle, or any other indication that the driver worked while on the clock.

Additionally the lawyer may ask questions about the defendant's past criminal and traffic convictions during the discovery process. Generally speaking, these facts are not admissible in court but they can be useful to discredit the credibility of the defendant during cross examination.

The process of negotiating a settlement

After you have obtained the medical records, your lawyer can begin negotiations on settlement. Initially, the insurance company will make an offer that is often considerably lower than what you request in the letter. This is a way to test the strength of your argument. In your counteroffer it is crucial to emphasize the most important points you have in your favor. For example, that the insurer was at fault and there were serious injuries as well as significant medical expenses. Eventually, back and forth bargaining will lead to an amount that is both fair and reasonable.

A skilled accident attorney can successfully argue the merits of your case, including presenting evidence that supports your losses. This could include photos of the car damage, police reports and witness testimony. We have the ability to calculate the various components of your claim, such as lost income along with pain and suffering as well as a police reports.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we can file a lawsuit. A trial typically lasts between one and two days and is ruled on by an attorney or a jury. If your case is settled prior to this stage, it can take several months. Or, your lawyer may be capable of filing a motion for summary judge. This means presenting all of the evidence in your favor and arguing that it is impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car crash cases parties can resolve their disputes outside of court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the party at fault. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint will contain your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a certain amount of time to respond.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, focusing on how they believe the crash occurred and what injuries you have suffered. We will also solicit expert opinions that support our position.

During the discovery phase, your lawyer may prepare legal documents referred to as motions with the court for a decision by a judge. This could include asking the court to omit evidence or set a trial date. It can take a year or more to complete the process of discovery and to set a trial date for your case. This is the reason it's essential to consult with a seasoned Long Island car auto accident attorneys accident attorney (Learn Even more) attorney at the beginning of the process.