The Intake Process for Car Accident Litigation

A lawyer who specializes in litigation involving car accidents can help you determine how solid your case is as well as how much your settlement could be worth. But, this is only possible when you have all the necessary information.

The first step in a car crash lawsuit is known as discovery. During this phase attorneys and their teams will discuss documents and answer questions under oath.

Documentation

Documentation is an integral component of an auto accident lawyer. This could include evidence such as photographs, medical records, or witness statements. The more evidence you have the more convincing your case will be.

A police report is the first piece of paper you should have. The police officer who arrives at the scene of the accident will usually prepare a report. This will provide valuable details about the accident and who was responsible for it.

Your attorney can also use the law enforcement report to seek additional evidence, if needed. If the incident occurred in the business environment for instance employees may have recorded video footage. If this is the situation, a copy of the tape should be requested from the business as soon as possible.

You should also keep track of the costs you have incurred due to the accident. This can include medical bills and records of your treatment, receipts for medication rental car fees for Auto Accident law firms in-home assistance, care at home, transportation costs and more. Also, you should document any income loss due to your accident. You can utilize old tax returns and pay stubs.

You should also obtain the names of witnesses. These people can serve as important sources of information in your case, particularly when they can testify at trial. It's important to keep in mind that witnesses may alter their accounts and forget details about the accident over time.

Intake and Investigation

If you have made a claim with an insurance company or are preparing an action against an at-fault driver, the initial intake process is essential to receive an adequate and fair settlement for the accident injuries. Your attorney will begin by looking over your medical records, obtaining copies of auto accident lawsuits reports, as well as other evidence. They will also go to the scene of the accident to record and observe what they can.

This will help them comprehend the severity of your injuries in relation to future and current costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to determine the value of your case. Your damages may include not only current and future medical expenses, but also your lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing all available evidence. They will also collect the driver at fault's driving records and phone records to determine how they used their vehicle at the time of the crash. This is especially important if there was a collision with an Uber or Lyft car, or any other evidence that suggests the driver was on the clock.

As part of the discovery process as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal conviction records. These details are generally not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you have received your medical records, you can begin negotiations for settlement. Initially the insurance company may make an offer that's usually significantly lower than the amount you demand in the letter. This is an opportunity to determine the strength of your argument. In your counteroffer, it's important to highlight the strongest arguments in your favor. For instance, you can say that the insurance company was in the wrong and that there were serious injuries and expensive medical expenses. Then, back and forth bargaining should get you to an amount that is reasonable and fair.

A skilled accident attorney can effectively argue for the merits of your case, including presenting evidence to support your losses. This may include photos of the damage to your car or a police report, as well as witness testimony. We also know how to calculate the value of various components of your claim, including lost income and suffering and pain.

If the insurance company is unwilling to pay an acceptable amount at the moment, we can file a lawsuit. A trial usually lasts between one and two days and is ruled on by jurors or a judge. If your case settles prior to reaching this stage it could take months. Or, your lawyer may be able to file a motion for summary judgement. This involves asserting that all evidence is in your favor and arguing that it's impossible to allow the other side to prevail.

Filing a Lawsuit

In the majority of car crash cases parties can resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the driver who was at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will contain your claims and allegations relating to the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond to it.

During the discovery phase, our attorneys will discuss documents and other information with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, including the circumstances under which they believe the crash occurred and the injuries you've suffered. We will also look 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 rule on. These could include requests to the court to block certain evidence or set the date for a trial. It can take a whole year or more to complete the discovery process and set an appointment date for your case. It's crucial to consult with an experienced Long Island Auto Accident Law Firms accident attorney early during the process.