The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can help you determine the strength of your case is as well as how the settlement you receive could be worth. This is only possible if all the information you require is available.

The first step in a car accident lawsuit is called discovery. During this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is a large part of the work in an auto accident. This could include evidence such photographs, medical records or witness statements. In general, the more evidence you can provide to support your claim, the stronger your argument will be.

A law enforcement report is the very first document you should have. Typically the police officer that arrives at the scene of the crash will prepare a report, and this will provide important information about how the accident occurred and who was at fault for the incident.

If necessary you need to, your attorney can make use of the police report to gather additional evidence. For example, if the incident took place in a commercial, an employee at that location might have recorded video footage of the incident. If this is the case, the tape should be requested from the business as quickly as it is possible.

Record any expenses you have incurred as a result of the accident. This can include medical bills or records of treatment, medication receipts rental car expenses as well as in-home assistance or care as well as transportation costs. Also, you should document the loss of income due to your accident. This can include old pay stubs as well as tax returns.

You should also try to get the names of witnesses. These people can serve as important sources of information in your case, particularly those who are able to give evidence at trial. But, it's important to remember that witnesses are prone to altering their testimony over time and could forget specific details about the accident.

Intake and Investigation

Whether you have made a claim with an insurance firm or are beginning an action against an at-fault driver, the intake process is essential to obtaining the fair and complete compensation you deserve for your crash injuries. Your attorney will begin by examining your medical records, and obtaining copies of auto accident law firm reports and other evidence. They will also go to and document the scene of the accident.

This information will enable them to understand the extent of injuries you have suffered as well as the future and current costs for your physical or emotional suffering. They will then review your current and future financial losses to determine the value of your case. Your damages can include not only your current and future medical costs but also lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing all available evidence. They will also take the driver at fault's driving records and phone records to determine the way they used their vehicle at the time of the collision. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, as this could impact their ability to pay your damages.

In addition to this the lawyer may ask questions about the defendant's previous criminal and traffic offense history during the discovery process. Generally, these details are not admissible in court, but they could be helpful to impeach the defendant's credibility in cross-examination.

Negotiating a Settlement

After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. In the beginning, the insurance company may make an offer that is often significantly lower than the amount you demand in the letter. This is a tactic to test how convincing your case is. In the counteroffer, it is important to emphasize the strongest arguments in your favor, for instance, that the insured was completely at the fault and that you sustained serious injuries that resulted in high medical costs. Negotiating back and forth will eventually lead to a fair and reasonable amount.

A skilled accident lawyer can effectively argue your claim's merits, including presenting evidence to back your losses. This could include photos of the damage to your vehicle or a police report, as well as witness testimony. We also know how to determine the value of various elements of your claim, like lost income and suffering and pain.

If the insurance company refuses to pay an appropriate amount at the moment, we can bring a lawsuit. A trial usually lasts for one or two days and can be heard by an individual judge (called a bench trial) or by jurors. If your case settles prior to reaching this phase, the process can take months. Your lawyer may also be able file a summary motion for judgment. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to prevail.

Filing an action

In a majority of car accident cases parties can settle their dispute out of court. Our team will work to assist you in negotiating a settlement with the insurance company, or directly with the at-fault party. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will contain your claims and allegations regarding the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a specified time frame to respond to it.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask questions to the lawyer of the defendant regarding their version of the events, focusing on what injuries you've sustained and what they believe happened. happened. We will also seek expert opinions that will support our stance.

During the discovery phase, your lawyer can prepare legal documents referred to as motions with the court for a decision by the judge. This may include requesting the court to omit evidence or schedule a trial. It can take a whole year or more to complete the discovery process and set an appointment date for your case. It is imperative to speak with an experienced Long Island auto accidents accident attorney as early as you can in the process.