The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases can help you determine the potential strength of your case and the amount of settlement you can receive. However this is only possible if you have all the relevant information.

Discovery is the initial step of an auto accident law firms accident case. In this phase, attorneys and their teams will discuss documents and answer questions under an oath.

Documentation

Documentation is a major element of an auto accident. This could include evidence like photographs, medical records or witness statements. The more evidence you have, the more convincing your case.

A police report is the primary document you should have. Typically the police officer who arrives at the scene of the crash will prepare a report, and this will provide crucial information on what happened and who was at fault for the incident.

If needed your lawyer has the option of using a police report to gather additional evidence. If the incident occurred at an office, for example employees may have recorded video footage. If this is the case, you must ask for a copy of the footage from the business.

You should also document any expenses you incurred due to the accident. These could include medical bills and records for your treatment, receipts for medications rental car costs, in-home care or assistance as well as transportation costs and auto accident more. In addition, you should document any lost income as a result of your accident. You can utilize old tax returns and pay stubs.

You should also find the names of witnesses. These people can serve as important sources of information in your case, particularly if they are able to be present at trial. However, it's important to remember that witnesses can change their accounts over time, and they may forget details about the incident.

Intake and Investigation

If you've filed a claim with an insurance company or are preparing an action against an at-fault driver, the intake process is crucial to getting the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports and other evidence. They will also visit the scene of the crash to observe and document what they can.

This information will allow them to comprehend the extent of injuries you have suffered in terms of actual and projected costs for your emotional or physical suffering. They will then look over your financial losses to estimate the value of your case. The damages you incur could comprise not only your current and future medical costs as well as lost income and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and reviewing all available evidence. They will also obtain information about the driving habits and cell phones of the driver at fault in order to determine if they were using their vehicle at that time. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, since it could affect their ability to cover your damages.

Additionally, your attorney will likely inquire about the defendant's previous criminal and traffic-related offenses in the discovery process. Generally speaking, these facts are not admissible in court, however they can be useful to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After you have obtained the medical records, your lawyer can begin negotiations on settlement. The insurance company is likely to make an initial offer that is smaller than the amount that you demanded in your letter. This is a method to determine the credibility of your argument. In your counteroffer, it is crucial to emphasize the most important points you have to your advantage. For example, that the insurance company was at fault and that there were serious injuries as well as expensive medical expenses. Eventually, negotiations back and forth will lead to an amount that is both reasonable and fair.

A skilled accident lawyer can effectively argue your claim's merits by presenting evidence to justify your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to calculate the value of each element of your claim, such as loss of income, suffering and pain.

At this point, if the insurance company continues to refuse to provide a reasonable amount, we can decide to file a lawsuit in court. A trial typically lasts one or two days and is supervised by a judge (called a bench trial) or by a jury. If your case is settled prior to reaching this stage, the process can take months. Your attorney might also be able to file a summary judgment motion. This involves arguing that all evidence is in your favor, and arguing that it's impossible to allow the opponent to prevail.

Filing a Lawsuit

In a majority of car accident cases, the parties can resolve their disagreement outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person who is at fault. However, if there is no agreement, our lawyers will bring an action against the defendant. The complaint contains your claims and allegations relating to the accident and why you are entitled to compensation. The defendant is served the Complaint and given a set period of time to reply.

During the discovery phase, our attorneys will share documents and other material with the defendant and ask questions via interrogatories or depositions. Our team will inquire to the defendant's lawyer about their perspective on the events, including what injuries you've suffered and how they believe it took place. We will also seek out expert opinions that will support our stance.

During the discovery process, your lawyer may submit legal documents, also known as motions to the court for a judge's ruling on. This may include requesting the court to omit evidence or schedule a trial. It can take up one year for the discovery process to be completed and a trial date to be set. It's crucial to consult with an experienced Long Island auto accident attorneys accident attorney early in the process.