The Intake Process for Car Accident Litigation

A lawyer who has 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 could get. This is only possible when all the information you require is available.

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

Documentation

Documentation is a major component of an auto accident lawsuits accident. This could include evidence such photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case.

The first document you need is a report from the police. The police officer who arrives at the accident scene will usually write a report. It will give valuable information about the accident and the person responsible for it.

Your lawyer may also utilize the law enforcement report to seek additional evidence in the event of need. For instance, if the incident occurred in a business where employees were present, the area may have recorded footage of the incident. If that's the case, the tape should be requested from the company as soon as possible.

It is also important to document any expenses you incurred in the aftermath of the accident. This can include medical bills, records of your treatment, medication receipts rental car costs and in-home care or assistance transport costs, and many more. Additionally, you must record any income loss because of your accident. You can use your old tax returns and pay stubs.

It is also advisable to find the names of witnesses. These people can serve as important sources of information in your case, particularly those who are able to be a witness in a trial. However, it is important to remember that witnesses can change their testimony over time and they may forget details about the incident.

Intake and Investigation

If you've made an insurance claim with an company or are preparing an action against an at-fault driver, the initial intake process is essential for obtaining the full and fair amount of compensation for the injuries you sustained in a crash. Your lawyer will begin 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 document and observe what they can.

This information will help them understand the extent of your injuries in relation to future and anticipated costs for your emotional and physical suffering. Then, they will look at your financial losses in order to determine the value of your case. Damages could comprise not only your current and future medical expenses but also income loss and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing all the available evidence. They will also obtain information about the driving habits and cell phones of the drivers at fault to determine how they used their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, since this could negatively impact 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 traffic and criminal conviction records. 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've obtained the medical documents after which your lawyer can start negotiations to settle the matter. The insurance company will often make an initial offer that is less than what you requested in your letter. This is a method to see how strong your case is. In the counteroffer, you must be important to highlight the strongest points in your favor - for example, that the insured was at blame and that you were afflicted with serious injuries that resulted in significant medical expenses. In the end, negotiations back and forth will result in an amount that is reasonable and fair.

An experienced accident lawyer can effectively argue the merits of your claim, including presenting evidence supporting your losses. This could include photos of car damage, police reports or witness testimony. We also know how to determine the value of each element of your claim, like loss of income, suffering and pain.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we may start a lawsuit. A trial usually lasts between one and two days, and is heard either by either a judge or Auto Accident jury. If your case settles prior to reaching this stage, the process can take months. Your attorney might also be able to file a summary motion to enter judgment. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car crash cases, the parties are able to resolve their disputes without going to court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver who was at fault. However, if there is no agreement Our lawyers will start a lawsuit against the defendant. The Complaint will list your claims and allegations regarding the circumstances of the crash and why you deserve compensation. The defendant is served the Complaint and given a specific amount of time to answer.

During the discovery phase, our attorneys will discuss documents and other information with the defendant while asking questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions about their version of events, including what they believe happened, how they believe it happened and what injuries you've suffered. We will also seek expert opinions to support our position.

During the discovery phase, your lawyer may make legal documents known as motions to the court to be decided by a judge. This may include requests for the court to block certain evidence or to schedule a trial date. It could take a full year or more to complete the discovery process and establish the date of trial for your case. It's crucial to consult with an experienced Long Island auto accident attorney as early as you can in the process.