The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases will be able to assist you determine the potential strength of your case and the amount of settlement you can get. But this is only feasible if you have all the necessary information.

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

Documentation

Documentation is an integral component of an auto accident lawyer accident. This can include evidence such as medical records, photos, or witness statements. The more evidence you have the more convincing your case will become.

The first piece of evidence that you must have is a law enforcement report. Typically, the police officer who arrives at the scene of the crash will prepare a report, and this will provide crucial information on the circumstances of the crash and who was responsible for the incident.

Your lawyer may also utilize the report of a law enforcement officer to pursue additional evidence in the event of need. If the incident occurred at an office such as a place of business an employee might have recorded video footage. If that's the case, the tape should be requested from the company as soon as possible.

You should also keep track of the expenses you incur due to the accident. This could include medical bills and records of your treatment, medication receipts rental car fees as well as in-home assistance or care expenses for transportation, and more. It is important to record the loss of income due to your accident. You can use tax returns and pay stubs.

It is also advisable to obtain the names of witnesses. They could be important sources of information in your case, particularly in the event that they are able to give evidence at trial. It is important to remember that witnesses can alter their testimony over time and they may forget details about the incident.

Intake and Investigation

Whether you have made an insurance firm or are beginning an action against an at-fault driver, the process of intake is essential to obtaining the fair and complete compensation you deserve for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical treatment documents, as well as copies of accident reports, and other evidence. They will also visit the site of the crash to record and observe what they can.

This will help them determine the extent of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. Then, they'll review your current and future financial losses in order to determine the worth of your case. Your damages can comprise not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also obtain driving and cell phone records of the drivers at fault to see how they used their vehicle at that time. This is especially crucial if the crash involved an Uber or Lyft vehicle, auto accident attorney or any other sign that the driver was working, as it could affect the ability of them to pay damages.

In addition your lawyer will also inquire about the defendant's previous criminal and traffic convictions as part of the discovery process. These facts are usually not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have received the medical records, you can begin settlement negotiations. In the beginning, the insurance company will make an offer that is often much lower than what you requested in your letter. This is a way to assess how strong your argument is. In the counteroffer it is important to emphasize the strongest arguments you have in your favor - for instance, that the insured was entirely at fault and that you suffered serious injuries that resulted in the highest medical costs. In the end, a lot of negotiations back and forth should result in an amount that is reasonable and fair.

An experienced accident lawyer can effectively argue for the benefits of your claim, by presenting evidence to prove your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to determine the value of various elements of your claim, like loss of income, pain and suffering.

If the insurance company is unwilling to pay an appropriate amount at this point, we may start a lawsuit. A trial typically lasts between one and two days, and is conducted by jurors or a judge. If your case is settled before reaching this phase it could take months. Your attorney might also be able file a summary judgment motion. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In a majority of car accident cases, the parties are able to settle their dispute out of court. Our team will help you negotiate an agreement with the insurance company or directly with the person at fault. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint will list your claims and details about the circumstances of the crash and why you deserve compensation. The defendant is served the Complaint, and given a set amount of time to answer.

The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other materials in exchange for questions through interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their interpretation of the events, focusing on what damages you've suffered and what they believe happened. occurred. We will also solicit expert opinions that will support our stance.

During the process of discovery, your lawyer could submit legal documents, also known as motions to the court for a judge to rule on. This may include requests for the court to exclude certain evidence or to schedule the date for a trial. It could take up to a year for the discovery process to be completed and a trial date set. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible in the process.