The Intake Process for Car Accident Litigation

A lawyer who has experience in defending car accident cases will be able to help you determine the strength of your case and how much settlement you could receive. This is only possible if all the information you require is available.

Discovery is the first step of an auto Accident Law firm accident case. During this phase, attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

The majority of the work involved in a car accident case is collecting evidence. This could include evidence such medical records, photos or witness statements. In general, the more evidence you can provide to support your claim, the stronger your argument will be.

The first piece of documentation that you must have is a report from the police. The police officer who arrives at the accident scene is likely to prepare a written report. It will provide important details about the auto accident lawyer and who was responsible for it.

Your lawyer may also utilize an official report from law enforcement to pursue additional evidence if necessary. If the incident occurred at a place of business such as a place of business an employee might have recorded video footage. If this is the situation, the tape should be requested from the business as quickly as possible.

You should also document the expenses you incur as a result of the accident. These could include medical bills and records for your treatment, receipts for medicines rental car charges home care or assistance as well as transportation costs and more. In addition, you should document any lost income as a result of your injury. This can include old pay stubs as well as tax returns.

It is also advisable to get the names of witnesses. They may be able to give valuable information, especially if are able to get them to give evidence in court. It's important to remember that witnesses may alter their accounts and forget details about the accident over time.

Intake and Investigation

The process of intake is vital to obtaining an adequate amount of compensation for your injuries from an accident, whether you have submitted an insurance claim or you are suing the person at fault. Your attorney will start by reviewing your medical treatment records, obtaining copies of accident reports and other evidence. They will also visit the scene of the crash to record and observe what they can.

This information will enable them to determine the severity of the injuries you've sustained, both in terms future and current costs for your physical or emotional suffering. Then, they will look at your financial losses in order to determine the value of your case. The damages could include not just your current and future medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing all available evidence. They will also gather the at-fault driver's driving and phone records to determine the way they used their vehicle at the time of the collision. This is particularly important if there was a collision involving an Uber or Lyft vehicle or any other evidence that suggests the driver worked while on the clock.

As part of the process of discovery the lawyer will ask about the defendant's traffic and criminal conviction records. Generally, auto Accident law firm these details are not admissible in court, however they can be useful to undermine the credibility of a defendant during cross-examination.

Negotiating a Settlement

After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations for settlement. Initially the insurance company will offer an offer that's usually substantially lower than the amount you request in the letter. This is a way to test how convincing your case. In your counteroffer, it's essential to highlight the most compelling points you have in your favor. For instance, if you claim that the insurance company was in the wrong and that there were severe injuries and significant medical expenses. In the end, a lot of back and forth bargaining will result in an amount that is both fair and reasonable.

An experienced attorney will effectively argue the merits of your case, including presenting evidence to support your losses. This could include photos of the damage to your car, a police report and witness testimony. We also know how to calculate the value of different elements of your claim, including loss of income, pain and suffering.

At this point, if the insurance company still refuses to offer a fair amount, we can decide to file a lawsuit in court. A trial typically lasts between one and two days, and is conducted by jurors or a judge. If your case settles prior to this phase it could take a few months. Alternatively, your attorney may be able to file a motion for summary judgement. This is where you present all the evidence in your favor and arguing that it's impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of car accident cases, the parties can resolve their disagreement without the need for court. Our team will help you negotiate an agreement with the insurance company or directly with the person at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint contains your claims and allegations relating to the auto accident and the reasons why you are entitled to compensation. The defendant is served the Complaint, and given a certain period of time to reply.

During the discovery phase, our lawyers will exchange documents and other information with the defendant and ask questions via interrogatories and depositions. Our team will inquire to the defendant's lawyer about their interpretation of the events, including the injuries you've sustained and the way they believe it took place. We will also solicit expert opinions that will support our stance.

During the discovery phase, your lawyer may file legal documents known as motions to the court to be decided by an individual judge. This may include requesting the court to block evidence or schedule a trial. It could take up to one year for the investigation process to be completed and a trial date established. This is why it's crucial to find a knowledgeable Long Island car accident attorney early in the process.