The Intake Process for Car Accident Litigation

A lawyer with expertise in the field of car accident litigation can assist you in determining how strong your case is, and how much your settlement could be worth. This is only possible when all the information you need is available.

Discovery is the initial step of a car accident case. During this stage, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is an integral element of a car accident. This could include evidence such medical records, photos or witness statements. In general, the more evidence you have to support your claim, the more convincing your claim will be.

A police report is the very first document you should have. Typically, the police officer who arrives at the scene of the auto accident law firm will prepare the report, and it will contain important information about what happened and who was responsible for the incident.

If needed your attorney has to use a police report to gather additional evidence. If the accident happened in the business environment, for example employees may have recorded video footage. If this is the case, you must request a copy from the company.

Document any expenses you incurred due to the accident. Record any costs you incur due to. This can include medical bills and records of your treatment, receipts for medicines rental car expenses home care or assistance as well as transportation costs and more. It is important to record any income lost due to your accident. You can utilize old tax returns and pay stubs.

If you are able to, request the names of any witnesses to the incident as well. These witnesses can be important sources of information in your case, especially when they can be present at trial. It is important to remember that witnesses may alter their story and forget details about the incident as time passes.

Intake and Investigation

Whether you have filed a claim with an insurance company or are preparing a lawsuit against an at-fault driver, the process of intake is essential to obtaining the full and fair amount of compensation for the accident injuries. Your attorney will start by reviewing your medical treatment documents, as well as copies of accident reports and other evidence. They will also visit the scene of the crash to observe and document what they can.

This information will assist them know the extent of your injuries, both in terms of future and projected costs for auto Accident attorney your physical and emotional suffering. They will then review your current and future financial losses to estimate the value of your case. Your damages can include not only your present and future medical expenses but also lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any evidence. They will also take the driver at fault's driving records and cell phone records to see how they used their vehicle at the time of the crash. This is especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was working while on the job, since this could affect their ability to pay your damages.

As part of the process of discovery as part of the discovery process, your lawyer will ask about the defendant's criminal and traffic offense records. These facts are usually not admissible but could be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents, your lawyer can begin negotiations to settle the matter. The insurance company is likely to make an initial offer that is much smaller than the amount that you demanded in your letter. This is an opportunity to test the strength of your case. In your counteroffer it is essential to highlight the most compelling points you have in your favor. For instance, you can say the insurer was responsible and that there were severe injuries as well as the medical costs were high. In the end, the back and forth negotiation should get you to an amount that is fair and reasonable.

A skilled accident lawyer can successfully argue your claim's merits including presenting evidence to prove your losses. This could include photos of car damages, police reports and witness testimony. We can determine the various elements of your claim like lost income or pain and suffering, as well as police reports.

If the insurance company is unwilling to pay an appropriate amount at this point, we can make a claim. A trial typically lasts about two or three days and is usually ruled by a judge (called a bench trial) or by a jury. If your case settles prior to reaching this stage it could take months. Or, your lawyer may be able to file a motion for summary judgement. This is a way of claiming that all evidence is in your favor, and arguing that it is impossible for the other side to prevail.

Filing an action

In a majority of car accident cases the parties can settle their disputes outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the person who is at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will list your claims and allegations regarding how the accident occurred and why you deserve compensation. The defendant is served with the Complaint and given a certain time frame to respond.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their perspective on the events, focusing on what damages you've suffered and the way they believe it occurred. We will also request expert opinions that will support our stance.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court for a judge's ruling on. This may include requests for the court to omit certain evidence, or to set an appointment for trial. It can take a year or more to complete the process of discovery and to set a trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney as early as you can during the process.