The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to help you determine the strength of your case and the amount of settlement you can get. But it is only possible if you have all the information needed.

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

Documentation

Documentation is a significant aspect of the investigation in an auto accident law firm accident. This could include evidence such as photographs, medical records or witness statements. In general, the more evidence you have to back your claim the more convincing your case will be.

A police report is the first piece of paper you need. The police officer who arrives at the accident scene is likely to prepare a written report. It will give valuable details about the incident and the person responsible for it.

If necessary, your attorney can use a police report to gather additional evidence. For instance, if an accident happened in a business, an employee at that area may have recorded footage of the incident. If this is the case, you must request a copy of the video from the business.

You should also document any expenses you incurred due to the accident. This can include medical bills and records for your treatment, receipts for medications, rental car fees as well as in-home care or assistance, transportation costs, and many more. You should also document any income you lose due to your injury. You can use your old tax returns and pay stubs.

You should also find the names of witnesses. These witnesses can be valuable sources of information for your case, especially those who are able to be a witness in a trial. It is important to remember that witnesses are prone to altering their stories over time and may forget details of the incident.

Intake and Investigation

The process of intake is vital to getting fair compensation for your accident injuries, whether you have filed a claim with an insurance company or are suing the responsible party. Your attorney will start by reviewing your medical records, obtaining copies of accident reports as well as other evidence. They will also visit the site of the crash to take note of what they can.

This information will help them know the extent of your injuries as well as the future and projected costs for your emotional and physical suffering. They will then analyze your financial losses to determine the value of your case. The damages you suffer could include not only future and ongoing medical expenses, but also loss of income and Auto Accident Attorney property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any evidence. They will also gather the at-fault driver's driving and cell phone records to see the way they used their vehicle at the time of the accident. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was working, as this could negatively impact their ability to pay your damages.

In addition your lawyer will also ask questions about the defendant's past criminal and traffic-related offenses in the discovery process. These details are typically not admissible, auto accident Attorney but can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have received the medical records, you are able to start settlement negotiations. In the beginning, the insurance company will make an offer that's usually substantially lower than the amount you have requested in the letter. This is a way to assess the strength of your argument. In the counteroffer it is important to highlight the strongest arguments for your side - for example, that the insured was fully at blame and that you were afflicted with serious injuries that resulted in significant medical expenses. Negotiating back and forth could eventually lead to a fair and reasonable amount.

A skilled accident lawyer can effectively argue your claim's merits, by presenting evidence to justify your losses. This could include photos of car damage, police reports or witness testimony. We are able to calculate various aspects of your claim, including loss of income, pain and suffering and police report.

If, at this point, the insurance company continues to refuse to offer a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial usually lasts about two or three days and is supervised by a judge (called a bench trial) or jurors. If your case is settled before reaching this stage the process could last months. Your attorney may also be able file a summary motion to enter judgment. This means presenting all of the evidence in your favor and arguing that it is impossible for the other side to win.

Filing an action

In a majority of car accident cases the parties are able to settle their dispute out 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 was at fault. However, if an agreement cannot be reached, our lawyers will start a lawsuit against the defendant. The Complaint will include your assertions and allegations regarding the circumstances of the crash and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a particular time frame to respond to it.

During the discovery phase, our attorneys will exchange documents and other evidence with the defendant, while asking questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including how they believe the crash occurred and the injuries you've sustained. We will also look for expert opinions to support our claims.

During the discovery phase, your lawyer may file legal documents known as motions in court to be decided by an individual judge. This could mean asking the court to exclude evidence or to schedule a trial. It can take as long as one year for the investigation process to be completed and a trial date scheduled. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible during the process.