The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car auto accident law firms litigation will help you determine how solid your case is and also how the settlement may be worth. This is only possible if all the information you require is available.

The initial step in a car accident lawsuit is known as discovery. In this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

Documentation is an integral part of the work in an accident. This may include evidence like photographs, medical records or witness statements. The more evidence you have, the more convincing your case will become.

The first document you should have is a police report. Typically the police officer who arrives at the scene of the accident will write an investigation report. This will provide crucial information on the circumstances of the crash and who was responsible for the incident.

If needed, your attorney can use an investigation report to collect additional evidence. For instance, if an incident occurred at a company the employee who worked at that location might have recorded footage of the incident. If this is the case, request a copy of the video from the business.

You should also keep track of the expenses you incur in the aftermath of the accident. These could include medical bills and records for your treatment, receipts for medication rental car expenses and in-home assistance or care transport costs, and more. It is also important to document any income you lose due to your injury. This can include old pay stubs as well as tax returns.

You should also try to obtain the names of witnesses. These witnesses can be valuable sources of information for your case, particularly those who are able to be a witness in a trial. However, it's important to remember that witnesses can alter their stories over time and they may forget details about the incident.

Intake and Investigation

If you have filed an insurance company or are starting an action against the at-fault driver, the initial intake process is essential to receive the fair and complete compensation you deserve for your crash injuries. Your lawyer will begin by looking over your medical treatment records, obtaining copies of auto accident lawyer reports and other available evidence. They will also visit the scene of the accident to take note of what they can.

This information will assist them determine the extent of your injuries both in terms of future and current costs for your physical and emotional suffering. They will then review your financial losses to estimate the total value of your case. The damages you suffer could include not only current and future medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing the available evidence. They will also collect driving and cell phone records of the drivers who were at fault to determine how they operated their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while at work, as this could affect their ability to pay your damages.

In addition to this your attorney may inquire about the defendant's past criminal and traffic offence history as part of the discovery process. These details are typically not admissible but could be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you have received your medical records, you're able to begin settlement negotiations. In the beginning the insurance company will present an offer that's usually considerably lower than what you request in the letter. This is a method to assess the credibility of your argument. In the counteroffer, you must be crucial to highlight the most powerful arguments you have in your favor - for example, that the insured was entirely at the fault, and that you suffered serious injuries that resulted in the highest medical costs. In the end, the back and forth negotiation will result in an amount that is reasonable and fair.

A skilled lawyer for accidents can successfully argue your claim's merits, including presenting evidence to back your losses. This may include photos of the car's damage or a police report, as well as witness testimony. We also know how to determine the value of various components of your claim, such as loss of income, suffering and pain.

If the insurance company refuses to pay a reasonable amount at this point, we can file a lawsuit. A trial typically lasts between one and two days, and is ruled on by either a judge or jury. If your case settles prior to reaching this phase the process could take months. Alternatively, your attorney may be in a position to file a motion for summary judge. This means presenting all of the evidence to your advantage and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident cases parties can resolve their disagreement outside of court. Our team will work to help you negotiate an agreement with the insurance company of the other driver company or directly with the at-fault party. If no agreement is reached, our lawyers will file a suit against the defendant. The complaint contains your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular amount of time to respond.

The discovery stage is when our lawyers and the defendant will begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, such as how they believe the crash happened and what injuries you have suffered. We will also seek experts to back our position.

During the process of discovery, your lawyer can submit legal documents, also known as motions to the court for a judge's ruling on. This can include requests for the court to exclude certain evidence or set an appointment for trial. It could take a year or more to complete the process of discovery and Auto Accident attorney to set a trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney as early as you can during the process.