The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to assist you determine the potential strength of your case and the amount of settlement you can get. This is only possible if all the information you require is available.

Discovery is the very first step of an auto accident case. During this phase attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a major part of the work in an auto accident. This may include evidence such as photographs, medical records or witness statements. In general, the more evidence you can provide to support your claim the stronger your case will be.

The first piece of documentation you need is a law enforcement report. Typically the police officer that comes to the scene of the crash will prepare an investigation report. This will provide important information about what happened and who was responsible for the incident.

Your lawyer can also make use of a law enforcement report to obtain additional evidence, if needed. For instance, if the accident happened in a business, an employee at that site might have recorded video footage of the incident. If this is the case, you must request a copy from the company.

Note any costs you have incurred due to the accident. This could include medical expenses or records of treatment, receipts from medications rental car expenses and in-home care or assistance, transportation costs and more. It is also important to document any income lost 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 those who are able to testify at trial. However, it's important to keep in mind that witnesses may alter their testimony over time and could forget specific details about the accident.

Intake and Investigation

The intake process is critical to obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you've filed an insurance claim or mariekeploeg.nl you are suing the person at fault. Your lawyer will begin by reviewing your medical records, and obtaining copies of accident reports and other available evidence. They will also visit the scene of the accident to take note of what they can.

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

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also take driving and cell phone records of the driver at fault in order to determine if they were using their vehicle at the time. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver worked while on the clock.

Additionally the lawyer may inquire regarding the defendant's prior criminal and traffic-related offenses in the discovery process. Generally speaking, these facts are not admissible in court but they can be useful to discredit the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After you have obtained the medical records then your lawyer will begin negotiations to settle the matter. In the beginning the insurance company will present an offer which is usually substantially lower than the amount you request in the letter. This is a method to test the credibility of your argument. When you counteroffer, it's essential to highlight the most compelling arguments in your favor. For example, that the insurer was at fault and there were severe injuries and high medical costs. Negotiating back and forth could eventually result in an acceptable and reasonable amount.

A skilled accident lawyer can successfully argue for your claim's merits, including presenting proof to support your losses. This could include photographs of the car damage as well as a police report and witness testimony. We have the ability to calculate various elements of your claim like loss of income along with pain and suffering as well as a police reports.

If, at this point, the insurance company refuses to offer a fair amount, we have the option 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 this stage it can take a few months. In addition, your attorney might be capable of filing a motion for summary judge. This means presenting all of the evidence in your favor and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In the majority of cases involving car accidents parties are able to settle their dispute out of court. Our team will work to help you negotiate an agreement with the other driver's insurance company or directly with the person at fault. However, if an agreement is not reached Our lawyers will start an action against the defendant. The Complaint will list your claims and details about how the crash occurred and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond to it.

During the discovery phase, our attorneys will exchange documents and other information with the defendant while asking questions via interrogatories as well as depositions. Our team will inquire to the lawyer of the defendant regarding their perspective on the events, such as what injuries you've suffered and the way they believe it took place. We will also search for experts to back our assertions.

During the discovery phase, your lawyer may make legal documents known as motions to the court for the decision of the judge. This may include requesting the court to block evidence or set a trial date. It could take a year or more to complete the discovery process and determine a trial date for your case. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible during the process.