The Intake Process for Car Accident Litigation

A lawyer who has experience in the field of car auto accident law firms litigation will be able to help you determine the strength of your case and what settlement amount you might receive. However, this is only possible when you have all the necessary information.

The initial step in a car crash lawsuit is known as discovery. During this stage, attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

Documentation is a large component of a car accident. This can include evidence like photographs, medical records or witness statements. Generally speaking, the more evidence you have to support your claim, the stronger your argument will be.

The first document you need is a law enforcement report. Typically the police officer who comes to the scene of the crash will prepare a report, and this will contain important information about what happened and who was responsible for the incident.

If necessary your attorney has to use the 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, a copy of the tape must be requested from the company as soon as it is possible.

You should also record any expenses you incurred due to the accident. These could include medical bills and records of your treatment, receipts from medication, rental car fees as well as in-home care or assistance transport costs, and more. It is important to record the loss of income due to your injury. You can use tax returns and pay stubs.

If you can, collect the names of any witnesses to the accident as well. They may be able to provide important information, especially if you are able to have them give evidence in court. It's important to keep in mind that witnesses could alter their accounts and forget details about the incident over time.

Intake and Investigation

The intake process is essential to obtaining fair settlement for your auto accident Law Firms (125.141.133.9)-related injuries, whether you have filed a claim with an insurance company or you are suing the person at fault. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports and other available evidence. They will also visit and document the scene of the accident.

This information will help them determine the extent of your injuries as well as the current and projected future costs for your physical and emotional suffering. They will also review your existing and expected financial losses to determine the total value of your case. Your damages can comprise not only your current and future medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and reviewing all available evidence. They will also obtain driving and Auto accident law firms cell phone records of the drivers who were at fault to determine how they used their vehicle at that time. 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 was working around the clock.

As part of the discovery process the lawyer will inquire about the defendant's criminal and traffic offence records. Generally speaking, these facts are not admissible in court but they can be useful to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have received the medical records, you can begin settlement negotiation. In the beginning the insurance company may make an offer that's usually much lower than what you request in the letter. This is an opportunity to determine the strength of your argument. In the counteroffer, it is important to emphasize the strongest points in your favor - for example, that the insured was completely at blame and that you were afflicted with serious injuries that resulted in high medical expenses. Negotiating back and forth should eventually result in an acceptable and reasonable amount.

An experienced accident lawyer will effectively argue the merits of your case, including presenting evidence that supports your losses. This could include photos of the car damages, police reports and witness testimony. We also know how to calculate the value of each element of your claim, such as lost income and pain and suffering.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we may make a claim. A trial typically lasts between one and two days, and Auto accident law firms is ruled on by jurors or a judge. If your case settles prior to this stage it could take several months. Your lawyer may also be able file a summary motion for judgment. This is where you present all the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of car accident cases the parties can settle their dispute out of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault. If an agreement is not reached, our lawyers will file a suit against the defendant. The Complaint will list 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 amount of time to respond.

During the discovery phase, our attorneys will exchange documents and other materials with the defendant and ask questions via interrogatories and depositions. Our team will be asking questions to the lawyer of the defendant regarding their perspective on the events, including the injuries you have suffered and the way they believe it happened. We will also search for experts to back our assertions.

During the discovery process your lawyer could submit legal documents known as motions to the court for a judge to decide on. This could mean asking the court to omit evidence or to schedule a trial. It can take up to an entire year for the discovery process to be completed and a trial date to be set. This is why it's important to work with an experienced Long Island car accident attorney early on in the process.