The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can assist you in determining how strong your case is and how the settlement you receive could be worth. This is only possible if all the information you require is available.

Discovery is the first step of a car accident case. During this stage, attorneys and their teams will communicate with each other and ask questions under the oath.

Documentation

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

A law enforcement report is the primary document you should have. Typically the police officer that comes to the scene of the accident will draft an investigation report. This will provide important information about what happened and who was responsible for the incident.

Your attorney can also use an official report from law enforcement to obtain additional evidence if necessary. For instance, if an incident took place in a commercial, an employee at that area may have recorded footage of the incident. If that's the case, the tape must be requested from the business as quickly as it is possible.

You should also record the expenses you incur in the aftermath of the accident. This could include medical bills and records for auto accident attorney your treatment, receipts for medication rental car charges and in-home assistance or care, transportation costs, and many more. It is important to record any income lost due to your accident. This could include old pay stubs and tax returns.

You should also find the names of witnesses. They can be important sources of information in your case, particularly when they can be a witness in a trial. However, it is important to keep in mind that witnesses can change their stories over time and may forget details of the incident.

Intake and Investigation

The intake process is essential in obtaining fair compensation for your accident injuries regardless of whether you've made an insurance claim or are suing the responsible party. Your attorney will begin by examining your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also visit the site of the accident to observe and document what they can.

This will help them to determine the severity of the harm you've suffered, both in terms current and projected costs for your physical or emotional suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. The damages you incur could include not only your present and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing all the available evidence. They will also collect the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the crash. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working, as it could affect their ability to cover your damages.

As part of the discovery procedure the lawyer will inquire about the defendant's criminal and traffic conviction records. These details are typically not admissible but could be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After obtaining the medical records then your lawyer will begin negotiations to settle the matter. In the beginning, auto accident attorney the insurance company will present an offer that's usually considerably lower than what you have requested in the letter. This is a way to assess the strength of your argument. When you counteroffer, it's important to highlight the strongest arguments you have in your favor. For instance, you can say the insurer was responsible and that there were severe injuries and significant medical expenses. Eventually, the back and forth negotiation should result in an amount that is fair and reasonable.

A skilled accident lawyer can effectively argue your claim's merits, including presenting evidence to back your losses. This could include photos of vehicle damages, police reports and witness testimony. We also know how to calculate the value of each element of your claim, such as lost income and pain and suffering.

If, at this point, the insurance company refuses to provide a reasonable amount, we have the option to bring a lawsuit to court. A trial typically lasts between one and two days. It is supervised by an individual judge (called a bench trial) or by a jury. If your case settles prior to this stage it could take a few months. Alternatively, your attorney may be eligible to file a motion for summary judge. This involves arguing that all evidence is in your favor, and arguing it's impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of car accident cases parties can settle their dispute outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the party at fault. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint contains your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant is served with the Complaint, and given a set time frame to respond.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will be asking questions to the defendant's lawyer about their perspective on the events, including the injuries you've suffered and what they believe happened. took place. We will also request expert opinions that support our position.

During the discovery phase, your lawyer may make legal documents known as motions in court for a decision by an individual judge. This could include requests for the court to exclude certain evidence or to schedule an appointment for trial. It can take up to one 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 possible in the process.