The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can assist you in determining how strong your case is, and how the settlement may be worth. This is only possible if all the information you require is available.

The first step in a lawsuit involving a car accident is known as discovery. In this phase, attorneys and their teams will exchange documents and ask questions under an oath.

Documentation

A lot of the work involved in a car wreck case is collecting documentation. This could include evidence such photographs, medical records, or witness statements. The more evidence you have, the more convincing your case.

The first piece of evidence you should have is a report from the police. Typically, the police officer who arrives at the scene of the auto accident attorneys will write an investigation report. This will contain important information about how the crash occurred and who was at fault for the incident.

If necessary you need to, your attorney can make use of the police report to gather additional evidence. For example, if the incident occurred in a business where employees were present, the area may have recorded video footage of the incident. If this is the case, you should request a copy of the video from the business.

It is also important to document the costs you have incurred as a result of the accident. This could include medical bills and records for your treatment, receipts from medication rental car charges home care or assistance as well as transportation costs and many more. In addition, Auto accident law Firm you should note any income loss because of your accident. You can use your old tax returns and pay stubs.

You should also try to get the names of witnesses. These witnesses can be valuable sources of information for your case, particularly in the event that they are able to testify at trial. It is important to remember that witnesses may alter their stories over time and they may forget details about the incident.

Intake and Investigation

The process of intake is crucial in obtaining an adequate amount of compensation for your injuries sustained in an auto accident law firms, whether you have filed an insurance claim or are suing the at-fault party. Your lawyer will begin by looking over your medical treatment records, obtaining copies of accident reports and other available evidence. They will also visit and document the scene of the accident.

This information will allow them to comprehend the extent of the injuries you've sustained in relation to cost and projections for your emotional or physical suffering. Then, they will review your current and future financial losses to determine the value of your case. Your damages may include not just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing the available evidence. They will also obtain driving and cell phone records of the drivers at fault to determine how they operated their vehicle during the time. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while working, as this could negatively impact the ability of them to pay damages.

In addition to this your lawyer will also inquire about the defendant's past criminal and traffic-related offenses as part of the discovery process. These details are typically not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have received the medical records, you're able to begin settlement negotiations. The insurance company is likely to make an initial offer that is much less than what you requested in your letter. This is an opportunity to assess the strength of your case. In the counteroffer, you must be important to highlight the strongest arguments you have in your favor - for example, the insured was entirely at blame and that you were afflicted with severe injuries with significant medical expenses. Negotiating back and forth should eventually result in an acceptable and reasonable amount.

A skilled accident attorney can successfully argue the merits of your claim including presenting evidence that supports your losses. This could include photos of the car damage, police reports or witness testimony. We also know how to determine the value of various elements of your claim, such as loss of income, pain and suffering.

If the insurance company is unwilling to pay an acceptable amount at this point, we may make a claim. A trial typically lasts between one and two days, and is heard either by either a judge or jury. If your case settles prior to this stage it could take several months. Your lawyer may also be able file a summary motion for judgment. This means presenting all of 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, the parties are able to resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will contain your claims and allegations about the Auto Accident Law Firm, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond.

The discovery stage is when our attorneys and the defendant will begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, focusing on the circumstances under which they believe the crash took place and what injuries you've sustained. We will also look for expert opinions to support our claims.

During the discovery process your lawyer could file legal documents called motions to the court for a judge's ruling on. This can include requesting the judge to exclude evidence or to schedule a trial. It can take up to one year for the discovery process to be completed and a trial date set. This is the reason it's essential to work with an experienced Long Island car accident attorney at the beginning of the process.