The Intake Process for Car Accident Litigation

An experienced lawyer in the field of car accident litigation can help you determine the potential strength of your case and how much settlement you could receive. However this is only possible if you have all the relevant information.

The initial step in a lawsuit involving a car accident is called discovery. In this phase, attorneys and their teams will exchange documents and discuss questions under the oath.

Documentation

A significant portion of the work involved in a car accident case is collecting documentation. This may include evidence like photos, medical records, or witness statements. In general, the more evidence you have to support your claim the more convincing your case will be.

A police report is the very first document you need. The police officer who arrives at the accident scene will usually write a report. This will provide valuable information regarding the auto accident lawyers as well as the person responsible for it.

If needed your lawyer has the option of using the police report to gather additional evidence. For instance, if the incident took place in a commercial the employee who worked at that site might have recorded footage of the incident. If this is the case, you must ask for a copy of the footage from the business.

You should also keep track of the expenses you incur in the aftermath of the accident. These could include medical bills and records of your treatment, receipts for medications rental car expenses and in-home assistance or care transport costs, and many more. Additionally, auto accident attorney you must note any income loss due to your injury. This could include old pay stubs, as well as tax returns.

If you are able to, request the names of witnesses to the incident as well. They can be important sources of information in your case, particularly if they are able to testify at trial. However, it's important to remember that witnesses can alter their testimony over time and could forget specific details about the accident.

Intake and Investigation

The intake process is critical in obtaining fair compensation for your injuries sustained in an accident regardless of whether you've filed an insurance claim or you are suing the person at fault. Your lawyer will begin by reviewing your medical records, obtaining copies of auto accident reports as well as other evidence. They will also visit the scene of the accident to take note of what they can.

This information will assist them comprehend the severity of your injuries as well as the future and anticipated costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to estimate the value of your case. The damages could include not only future and current medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing all available evidence. They will also gather the driver who was at fault and their driving phone records to determine how they used their vehicle at the time of the collision. This is particularly important when there was a collision with an Uber or Lyft car, or any other evidence that suggests the driver was working on the clock.

As part of the discovery procedure, your lawyer will also inquire about the defendant's criminal and traffic offence records. These facts are usually not admissible, but they could be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After obtaining the medical records after which your lawyer can start negotiations on settlement. In the beginning, the insurance company will make an offer which is usually much lower than what you have requested in the letter. This is a way to assess the strength of your case. In your counteroffer, it is essential to highlight the most compelling points that you have to your advantage. For instance, if you claim that the insurance company was at fault and there were serious injuries as well as significant medical expenses. Negotiating back and forth could eventually result in an acceptable and reasonable amount.

An experienced accident lawyer can successfully argue your claim's merits, including presenting evidence to prove your losses. This may include photos of your car damages, police reports and witness testimony. We are able to calculate various aspects of your claim like lost income along with pain and suffering as well as a police report.

If the insurance company is unwilling to pay a reasonable amount at this point, we can bring a lawsuit. A trial typically lasts between one and two days. It is either heard by a judge (called a bench trial) or by jurors. If your case is settled before this stage it can take a few months. Your attorney may also be able file a summary motion to dismiss. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the opposing side to win.

Filing a Lawsuit

In the majority of car crash cases parties can settle their dispute without the need for court. Our team will work to assist you in negotiating an agreement with the insurance company, or directly with the party at fault. If there is no agreement the lawyers of our firm will file a lawsuit against the defendant. The Complaint will detail your claims and details about how the accident occurred and the reason you should be compensated. The defendant is served with the Complaint, and given a specified amount of time to answer.

During the discovery phase, our attorneys will discuss documents and other materials with the defendant while asking questions via interrogatories and depositions. Our team will inquire to the lawyer for the defendant about their interpretation of the events, including what injuries you have suffered and what they believe happened. occurred. We will also solicit expert opinions that support our position.

During the discovery phase, your lawyer could submit legal documents, also known as motions in court for the decision of an individual judge. This can include requesting the court to block evidence or set a trial date. It could take up to a year for the discovery process to be completed and a trial date established. It's crucial to consult with an experienced Long Island auto accident attorney as early as you can during the process.