The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can help you determine the strength of your case is and also how the settlement you receive could be worth. But, this is only possible when you have all the necessary information.

Discovery is the very first step of a car accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

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

The first piece of evidence you should have is a report from the police. The police officer who arrives at the scene of an accident is likely to prepare a written report. This will provide valuable details about the accident and the person responsible for it.

Your lawyer may also utilize the law enforcement report to gather additional evidence in the event of need. For example, if the incident occurred at a company the employee who worked at that location might have recorded footage of the incident. If this is the case, ask for a copy of the footage from the business.

You should also document any expenses you incurred in the aftermath of the accident. These could include medical bills and records of your treatment, medication receipts rental car costs as well as in-home assistance or care transport costs, and many more. Also, you should document any income loss due to your injury. You can use your old tax returns and pay stubs.

You should also obtain the names of witnesses. These people may be able provide valuable information, especially if are able to get them to testify in court. However, it's important to remember that witnesses are prone to altering their story over time and could forget specific details about the accident.

Intake and Investigation

Whether you have made a claim with an insurance firm or are beginning a lawsuit against an at-fault driver, the initial intake process is essential for obtaining full and fair compensation for the accident injuries. Your lawyer will begin by reviewing your medical records, obtaining copies accident reports and other evidence. They will also go to and document the accident scene.

This will help them comprehend the severity of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to determine the total value of your case. Damages could include not just your current and future medical expenses but also income loss and property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing all available evidence. They will also obtain the driver at fault's driving records and cell phone records to see what they were doing with their vehicle at the time of the collision. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, Auto Accident since this could negatively impact their ability to cover your damages.

As part of the discovery procedure, your lawyer will also ask about the defendant's traffic and criminal offence records. These information is generally not admissible, but they could be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

Once you have received the medical records, you are able to begin settlement negotiation. The insurance company will often make an initial offer that is smaller than the amount that you requested in your letter. This is a strategy to assess how strong your case. In the counteroffer, it is important to emphasize the strongest arguments you have in your favor - for example, the insured was completely at the fault and that you sustained severe injuries with high medical expenses. Negotiating back and forth could eventually lead to an acceptable and reasonable amount.

A skilled accident attorney will effectively argue the merits of your claim including presenting evidence supporting your losses. This could include photos of the damage to your vehicle as well as a police report and witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, suffering and pain.

If the insurance company refuses to pay an amount that is reasonable at this point, we can file a lawsuit. A trial usually lasts between one and two days. It is either heard by an individual judge (called a bench trial) or jurors. If your case is settled prior to this phase it could take a few months. Your attorney may be able to file a motion for summary judge. This involves arguing that all evidence is in your favor, and arguing that it's impossible to allow the opponent to win.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to resolve their disputes without the need for court. Our team can assist you negotiate with the insurance company of the driver who caused the auto accident law firm or directly with the driver who is at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will list your assertions and allegations regarding how the crash occurred and the reasons you are entitled to compensation. The defendant is served the Complaint and given a specific period of time to reply.

During the discovery phase, our lawyers will discuss documents and other information with the defendant while asking questions via interrogatories as well as depositions. Our team will pose questions to the lawyer for the defendant about their interpretation of the events, including what injuries you've suffered and what they believe happened. occurred. We will also seek out experts to back our claims.

During the discovery process, your lawyer may make legal motions to the court for a judge to rule on. This can include requesting the court to block evidence or schedule a trial. It could take a year or more to complete the discovery process and determine the date of trial for your case. This is the reason it's essential to partner with an experienced Long Island car yonkers auto accident lawsuit attorney early on in the process.