The Intake Process for Car Accident Litigation

An experienced lawyer in car accident litigation can help you determine the potential strength of your case and the amount of settlement you can receive. But this is only possible when you have all the necessary information.

Discovery is the first stage of a car accident case. In this phase attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is a significant component of an accident. This could include evidence such photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case will become.

The first document that you must have is a police report. Typically the police officer that arrives at the scene of the accident will write the report, and it will provide important information about how the accident occurred and who was at fault for the incident.

If necessary your lawyer has the option of using an investigation report to collect additional evidence. If the accident occurred in the business environment such as a place of business, an employee may have recorded video footage. If this is the case, you should request a copy of the video from the company.

Note any costs you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This could include medical bills as well as records of your treatment, medication receipts, rental car charges for in-home assistance, care at home expenses for transportation, and more. Additionally, you must keep track of any income loss due to your injury. This could include old pay stubs, as well as tax returns.

If you can, get the names of any witnesses to the accident as well. These witnesses can be important sources of information in your case, especially when they can be a witness in a trial. It is important to remember that witnesses may alter their story over time and could forget specific details about the incident.

Intake and Investigation

If you have filed a claim with an insurance company or have started a lawsuit against an at-fault driver, auto Accident law firm the process of intake is essential to receive the full and fair amount of compensation for your injuries from a crash. Your attorney will begin by examining your medical records, and obtaining copies of accident reports and other evidence. They will also go to and document the scene of the accident.

This information will enable them to assess the severity of the injuries you've suffered in relation to actual and projected costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to estimate the value of your case. The damages could include not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence. They will also collect the driving and cell phone records of the drivers who were at fault to see how they used their vehicle at the time. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was on the job, since this could affect their ability to pay for your damages.

As part of the discovery procedure the lawyer will inquire about the defendant's traffic and criminal record of offenses. These details are generally not admissible in court but they can be useful to discredit the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have the medical records after which your lawyer can start negotiations to settle the matter. The insurance company may make an initial offer that is much lower than the amount you requested in your letter. This is a method to test the credibility of your argument. In the counteroffer, you must be important to highlight the strongest arguments you have in your favor - for example, that the insured was entirely at the fault, and that you suffered severe injuries with the highest medical costs. In the end, a lot of the back and forth negotiation should result in an amount that is both fair and reasonable.

A skilled accident lawyer can effectively argue your claim's merits, including presenting proof to support your losses. This could include photos of car damage, police reports or witness testimony. We are able to calculate various elements of your claim, such as lost income along with pain and suffering as well as a police report.

At this point, if the insurance company still refuses to provide a reasonable amount, we have the option to make a claim in court. A trial usually lasts for about two or three days and is either heard by a judge (called a bench trial) or jurors. If your case is settled prior to reaching this stage the process could last months. Alternatively, your attorney may be eligible to file an application for summary judgment. This means presenting all of the evidence in your favor and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of cases involving car auto accidents, the parties are able to resolve their disagreement outside of court. Our team will work to help you negotiate a settlement with the insurance company of the other driver company or directly with the at-fault party. If no agreement can be reached, our attorneys will file a suit against the defendant. The complaint contains your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a specific period of time to respond.

The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will inquire to the lawyer representing the defendant about their perspective on the events, such as what injuries you have suffered and how they believe it took place. We will also look for experts to back our claims.

During the discovery phase, your lawyer can make legal documents known as motions with the court for the decision of an individual judge. These could include requests to the court's decision to exclude certain evidence or to set a trial date. It can take a whole year or more to complete the discovery process and determine an appointment date for your case. It is imperative to speak with an experienced Long Island auto accident law firm accident attorney as early as you can in the process.