The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can help you determine how strong your case is, and how much your settlement could be worth. But it is only possible when you have all the necessary information.

The first step in a car accident lawsuit is known as discovery. During this stage, attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

A lot of the work that goes into a car accident investigation is gathering evidence. This can include evidence such as medical records, photos, or witness statements. Generally speaking, the more evidence you have to support your claim the more convincing your argument will be.

The first document you need is a police report. Typically the police officer that arrives at the scene of the accident will write the report, and it will provide important information about what happened and who was responsible for the incident.

If necessary your lawyer has the option of using a police report to gather additional evidence. For instance, if the incident occurred at a company the employee who worked at that location may have recorded video footage of the incident. If this is the situation, a copy of the tape must be requested from the company as soon as it is possible.

It is also important to document any expenses you incurred due to the auto accident lawyers accident law firm (click the up coming article). This could include medical bills and records of your treatment, receipts for medication, rental car fees, in-home care or assistance, transportation costs, and many more. In addition, you should note any income loss as a result of your injury. This could include old pay slips and tax returns.

If you can, get the names of witnesses to the accident as well. They could be important sources of information in your case, especially when they can be present at trial. However, auto accident law firm it's important to keep in mind that witnesses may alter their testimony over time and may forget details of the accident.

Intake and Investigation

If you have filed an insurance claim with an firm or are beginning an action against an at-fault driver, the initial intake process is essential to obtaining the fair and complete compensation you deserve for the accident injuries. Your lawyer will begin by looking over your medical records and then obtaining copies of accident reports as well as other evidence. They will also go to the scene of the accident to document and observe what they can.

This will help them know the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will also review your existing and expected financial losses to determine the value of your case. The damages you incur could comprise not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing all available evidence. They will also collect the driver at fault's driving records and cell phone records to see what they were doing with their vehicle at the time of the collision. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was at work, as this could impact the ability of them to pay damages.

As part of the discovery process, your lawyer will also inquire about the defendant's traffic and criminal conviction records. These details are generally not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After receiving the medical records, you are able to start settlement negotiations. The insurance company is likely to make an initial offer that is much less than what you requested in your letter. This is a way to determine how strong your case is. In the counteroffer, it is crucial to highlight the most powerful arguments for your side - for instance, that the insured was at blame and that you were afflicted with severe injuries with significant medical expenses. Negotiating back and forth should eventually lead to an acceptable and reasonable amount.

A skilled attorney for accidents can successfully argue the merits of your claim including presenting evidence supporting your losses. This may include photos of the damage to your vehicle along with a police report as well as witness testimony. We also know how to determine the value of each element of your claim, including loss of income, suffering and pain.

If the insurance company refuses to pay an amount that is reasonable at this point, we may bring a lawsuit. A trial usually lasts between one and two days and is conducted by an attorney or a jury. If your case is settled prior to this phase, it can take several months. In addition, your attorney might be capable of filing an application for summary judgment. This involves asserting all of the evidence in your favor and arguing that it is impossible for the opposing side to prevail.

Filing an action

In a majority of car accident cases parties can settle their dispute out of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver who is at fault. However, if an agreement cannot be reached the lawyers of our firm will start a lawsuit against the defendant. The Complaint will include your claims and details about how the accident occurred and why you deserve compensation. The defendant will be served the Complaint and given a particular amount of time to respond to it.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their perspective on the events, such as what injuries you have suffered and how they believe it took place. We will also seek expert opinions to support our position.

During the discovery process, your lawyer can make legal motions to the court for a judge's ruling on. This could mean asking the court to omit evidence or schedule a trial. It could take a full year or more to complete the discovery process and establish an appointment date for your case. This is why it's important to partner with an experienced Long Island car accident attorney at the beginning of the process.