The Intake Process for Car Accident Litigation

An experienced lawyer in the field of car accident litigation can help you determine the strength of your case and what settlement amount you might get. But it is only possible with all the information needed.

The first step in a car accident lawsuit is known as discovery. In this phase, attorneys and their teams discuss documents and answer questions under the oath.

Documentation

A significant portion of the work involved in a car crash case is obtaining documentation. This could include evidence such photographs, Auto Accident Attorney medical records, or witness statements. Generally, the more documentation you can provide to support your claim, the stronger your argument will be.

A police report is the first piece of paper you should have. The police officer who arrives at the scene of an accident will typically prepare a report. It will give valuable information regarding the auto accident lawsuit as well as the person responsible for it.

If required, your attorney can use a police report to gather additional evidence. If the incident occurred at an office for instance employees may have recorded video footage. If that's the case, a copy of the tape must be requested from the business as soon as it is possible.

Note any costs you have incurred in the aftermath of the accident. This can include medical bills and records of your treatment, receipts for medicines rental car expenses as well as in-home care or assistance expenses for transportation, and more. It is also important to document any income lost due to your injury. You can utilize old tax returns and pay stubs.

It is also advisable to find the names of witnesses. These people can serve as valuable sources of information for your case, especially in the event that they are able to be present at trial. But, it's important to remember that witnesses are prone to altering their testimony over time and may forget details of the accident.

Intake and Investigation

Whether you have made an insurance company or are starting a lawsuit against an at-fault driver, the initial intake process is essential for obtaining an adequate and fair settlement for the injuries you sustained in a crash. Your lawyer will begin by looking over your medical records, as well as obtaining copies accident reports and other evidence. They will also visit and document the scene of the accident.

This information will allow them to understand the extent of the injuries you've sustained as well as the future and current costs for your physical or emotional suffering. They will then analyze your existing and expected financial losses to determine the value of your case. The damages could not be limited to only future and current medical expenses, but also lost income and property damage.

Your lawyer will also investigate and interview witnesses and auto accident attorney analyzing the available evidence. They will also gather the at-fault driver's driving and cell phone records to see how they were using their vehicle at the time of the accident. This is especially important if there was a collision involving an Uber or Lyft vehicle or any other indication that the driver was working around the clock.

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

The process of negotiating a settlement

Once you have the medical records, you are able to begin settlement negotiation. In the beginning the insurance company will make an offer that is usually much lower than what you requested in your letter. This is a method to assess the strength of your argument. In your counteroffer, it's crucial to emphasize the most important arguments you have in your favor. For example, the insurer was responsible and that there were severe injuries as well as the medical costs were high. Negotiating back and forth should eventually result in an equitable and reasonable amount.

A skilled accident lawyer can successfully argue your claim's merits, including presenting evidence to prove your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, pain and suffering.

At this point, if the insurance company refuses to offer a fair amount, we can choose to make a claim in court. A trial typically lasts between one and two days, and is heard either by an attorney or a jury. If your case settles prior to reaching this phase it could take months. Your attorney may also be able to file a summary motion to dismiss. This involves arguing that all evidence is in your favor and arguing that it's impossible for the opponent to win.

Filing a Lawsuit

In the majority of car accident cases, the parties can settle their disputes outside of court. Our team will work to assist you in negotiating a settlement with the insurance company, or directly with the at-fault party. However, if an agreement is not reached, our lawyers will initiate an action against the defendant. The Complaint will list your claims and allegations regarding the cause of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a certain timeframe to respond to it.

During the discovery phase, our lawyers will discuss documents and other information with the defendant while asking questions through interrogatories and depositions. Our team will be asking 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 request expert opinions that support our position.

During the discovery phase, your lawyer could make legal documents known as motions with the court to be ruled on by an individual judge. This could include requests for the court to omit certain evidence or to set a trial date. It can take as long as a year for the discovery process to be completed and a trial date established. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.