The Intake Process for Car Accident Litigation

A lawyer who is specialized in the area of car accident litigation will assist you in determining how strong your case is and also how the settlement may be worth. But, this is only possible if you have all the information needed.

Discovery is the first step of a car accident case. During this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

The majority of the work involved in a car crash case is collecting documentation. This can include evidence like medical records, photos or witness statements. In general, the more evidence you have to support your claim the stronger your case will be.

A police report is the first piece of paper you need. Typically the police officer that arrives at the scene of the accident will prepare the report, and it will contain important information about how the crash occurred and auto accident Attorney who was responsible for the incident.

Your lawyer can also make use of a law enforcement report to seek additional evidence if necessary. If the incident occurred in a place of business for instance, an employee may have recorded video footage. If this is the case, ask for a copy of the footage from the company.

You should also record the costs you have incurred due to the accident. This could include medical bills and records of your treatment, receipts from medication rental car costs and in-home assistance or care, transportation costs, and more. In addition, you should note any income loss because of your accident. This could include old pay stubs and tax returns.

If you are able, obtain the names of any witnesses to the incident as well. They might be able to provide valuable information, especially if can get them to appear in court. It is important to keep in mind that witnesses could alter their stories and forget details regarding the accident as time passes.

Intake and Investigation

The process of intake is vital to getting an adequate amount of compensation for your injuries sustained in an accident, whether you have filed a claim with an insurance company or are suing the party at fault. Your lawyer will begin by examining your medical records and then obtaining copies of auto accident lawsuit reports and other evidence. They will also visit the site of the accident to record and observe what they can.

This will help them know the extent of your injuries as well as the current and projected future costs for your emotional and physical suffering. They will also review your existing and expected financial losses to estimate the value of your case. Your damages can include not just your current and future medical expenses but also income loss and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also take the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the collision. This is especially important in the event that there was a collision involving an Uber or Lyft car, or any other evidence that suggests the driver worked while on the clock.

In addition to this, your attorney will likely inquire about the defendant's previous criminal and traffic convictions as part of the discovery process. These facts are usually not admissible, but they could be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After receiving the medical records, you can start settlement negotiations. Initially the insurance company will offer an offer that is usually considerably lower than what you demand in the 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 fully at the fault and that you sustained serious injuries that resulted in high medical costs. Negotiating back and forth should eventually result in an acceptable and reasonable amount.

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

If the insurance company is unwilling to pay an acceptable amount at the moment, we can file a lawsuit. A trial usually lasts one or two days and is supervised by an individual judge (called a bench trial) or jurors. If your case settles before this stage it could take several months. Your attorney may be in a position to file an application for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of cases involving car accidents parties can settle their dispute out of court. Our team will help you negotiate a settlement with the insurance company of the other driver company, or directly with the party at fault. If an agreement is not reached, our lawyers will start a lawsuit against the defendant. The Complaint contains your claims and allegations about the auto accident lawyers and the reasons why you are entitled to compensation. The defendant is served the Complaint, and given a certain amount of time to respond.

The discovery stage is when our lawyers and the defendant begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will inquire to the lawyer of the defendant regarding their view of the events, focusing on what injuries you've sustained and the way they believe it occurred. We will also seek out expert opinions to support our claims.

During the discovery phase, your lawyer can make legal documents known as motions with the court to be ruled on by the judge. This can include requesting the court to block evidence or schedule a trial. It can take a whole year or more to complete the discovery process and auto accident Attorney establish an appointment date for your case. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible during the process.