The Intake Process for Car Accident Litigation

A lawyer that specializes in the area of car accident litigation will help you determine how solid your case is and how the settlement you receive could be worth. This is only possible when all the information you require is available.

Discovery is the first stage of a car accident case. During this stage, attorneys and their teams discuss documents and answer questions under the oath.

Documentation

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

The first piece of documentation that you must have is a law enforcement report. Typically, the police officer who arrives at the scene of the crash will prepare reports, and these will contain important information about what happened and who was at fault for the incident.

Your attorney can also use an official report from law enforcement to gather additional evidence if required. If the incident occurred at an office, for example employees may have recorded video footage. If this is the case, you should ask for a copy of the footage from the business.

You should also keep track of any expenses you incurred in the aftermath of the accident. These could include medical bills and records of your treatment, receipts for medications rental car costs, in-home care or auto accident law firms assistance expenses for transportation, and many more. In addition, you should document any lost income due to your injury. You can use your old tax returns and pay stubs.

If you are able, obtain the names of witnesses to the incident as well. These people may be able to provide valuable information, especially if you are able to get them to give evidence in court. It is important to remember that witnesses can change their story over time and forget details of the incident.

Intake and Investigation

If you have made a claim with an insurance company or are starting legal action against a negligent driver, the initial intake process is essential for obtaining full and fair compensation for your injuries from a crash. Your lawyer will begin by reviewing your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the auto accident lawsuit.

This information will enable them to comprehend the extent of the harm you've suffered in relation to future and current costs for your physical or emotional suffering. They will then analyze your existing and expected financial losses to determine the total value of your case. The damages could comprise not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all the available evidence. They will also collect the driving and cell phone records of the drivers at fault to see how they used their vehicle during the time. This is especially important if there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver was on the clock.

As part of the process of discovery, your lawyer will also inquire about the defendant's traffic and criminal offence records. Generally speaking, these facts are not admissible in court but they can be useful to impeach the defendant's credibility during cross-examination.

Negotiating a Settlement

Once you have received the medical records, it is possible to begin settlement negotiation. The insurance company will typically make an initial offer that is less than what you requested in your letter. This is a way to see how strong your argument is. In the counteroffer, it's important to highlight the strongest arguments you have in your favor - for example, that the insured was at blame and auto accident law firms that you were afflicted with severe injuries with the highest medical costs. Then, the back and forth negotiation will lead to an amount that is fair and reasonable.

An experienced accident lawyer can successfully argue your claim's merits by presenting evidence to justify your losses. This may include photos of your car damage, police reports and witness testimony. We have the ability to calculate various elements of your claim such as loss of income along with pain and suffering as well as a police reports.

At this point, if the insurance company still refuses to provide a reasonable amount, we can choose to bring a lawsuit to court. A trial usually lasts for between one and two days. It is supervised by an individual judge (called a bench trial) or by jurors. If your case settles before reaching this phase, the process can take months. Your attorney might also be able file a summary motion for judgment. This means claiming that all evidence is in your favour, and arguing that it's impossible to allow the opponent to prevail.

Filing an action

In the majority of car accident cases, the parties can resolve their disagreement outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the driver at fault. If an agreement cannot be reached Our lawyers will bring an action against the defendant. The Complaint will list your assertions and allegations regarding the cause of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a specific time frame to respond to it.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their interpretation of the events, focusing on what injuries you've suffered and the way they believe it happened. We will also seek expert opinions to support our assertions.

During the discovery phase, your lawyer could make legal documents known as motions to the court for a decision by an individual judge. This could include asking the court to exclude evidence or to schedule a trial. It could take a year or more to complete the discovery process and set the trial date for your case. This is why it's vital to find a knowledgeable Long Island car auto accident law Firms attorney early on in the process.