The Intake Process for Car Accident Litigation

A lawyer who specializes in litigation involving car accidents can help you determine how strong your case is and how much your settlement could be worth. But, this is only possible with all the relevant information.

The first step in a lawsuit involving a car auto accident attorneys is called discovery. During this stage, attorneys and their teams will discuss documents and answer questions under an oath.

Documentation

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

A police report is the first document you need. The police officer who arrives at the accident scene is likely to prepare a written report. It will provide important details about the incident and who was responsible.

Your attorney may also make use of an official report from law enforcement to pursue additional evidence if necessary. For instance, if an incident occurred in a business the employee who worked at that site might have recorded video footage of the incident. If this is the case, you must ask for a copy of the footage from the company.

You should also keep track of the costs you have incurred as a result of the accident. This can include medical bills and records for your treatment, receipts for medications rental car expenses as well as in-home care or assistance transport costs, and more. You should also document any income lost due to your accident. This can include old pay slips and tax returns.

You should also find the names of witnesses. These people may be able provide valuable information, especially if you can convince them to be a witness in court. It's important to keep in mind that witnesses may alter their narratives and forget specifics about the accident over time.

Intake and Investigation

If you've made an insurance claim with an company or are starting legal action against a negligent driver, the process of intake is essential to obtaining full and fair compensation for your crash injuries. Your attorney will begin by reviewing your medical records, obtaining copies of accident reports and other evidence. They will also visit the site of the accident to observe and document what they can.

This information will assist them determine the extent of your injuries, both in terms of future and anticipated costs for your emotional and physical suffering. They will also review your financial losses to estimate the total value of your case. The damages could not be limited to only current and future medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also take the driving and cell phone records of the drivers at fault to see how they used their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while at work, as this could negatively impact their ability to pay for your damages.

As part of the discovery process as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal offence records. Generally, these details are not admissible in court but they can be useful to undermine the credibility of a defendant in cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you're able to begin settlement negotiations. Initially, the insurance company may make an offer that is often much lower than what you demand in the letter. This is an opportunity to test the strength of your argument. In the counteroffer, it's important to highlight the strongest arguments you have in your favor - for example, that the insured was entirely at blame and that you were afflicted with serious injuries that resulted in high medical costs. Negotiating back and forth should eventually result in an equitable and reasonable amount.

A skilled attorney for accidents can effectively argue the benefits of your claim, including presenting evidence to support your losses. This could include photos of the car damage, police reports or witness testimony. We also know how to calculate the value of various components of your claim, like lost income and pain and suffering.

If at this point the insurance company still refuses to provide a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial usually lasts between one and two days and is conducted by an attorney or a jury. If your case settles before reaching this phase, the process can take months. Your attorney may also be able to file a summary motion for judgment. This involves arguing that all evidence is in your favor, and arguing it's impossible for the opposing side to prevail.

Filing an action

In the majority of car accident cases parties are able to settle their dispute out of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party who was at fault. If an agreement cannot be reached our lawyers will file an action against the defendant. The Complaint will list your claims and allegations about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a specific amount of time to answer.

During the discovery phase, our attorneys will exchange documents and other material with the defendant while asking questions through interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, including the circumstances under which they believe the crash occurred and the injuries you've suffered. We will also look for experts to back our assertions.

During the discovery phase, your lawyer may prepare legal documents referred to as motions in court to be ruled on by an individual judge. This can include requesting the court to omit evidence or to schedule a trial. It can take up a year for the discovery process to be completed and a trial date scheduled. It is crucial to talk with an experienced Long Island auto accidents accident attorney as early as you can in the process.