The Intake Process for Car Accident Litigation

A lawyer that specializes in car accident litigation can help you determine how strong your case is as well as how the settlement you receive could be worth. This is only possible if all the information you need is available.

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

Documentation

Documentation is a major part of the work in the event of a car crash. This can include evidence such as photographs, medical records, or witness statements. In general, the more evidence you have to back your claim the stronger your case will be.

The first piece of evidence that you must have is a police report. Typically, the police officer who arrives at the scene of the crash will prepare reports, and these will provide important information about the circumstances of the crash and who was responsible for the incident.

Your attorney may also make use of the law enforcement report to obtain additional evidence if necessary. For example, if the incident occurred in a business the employee who worked at that area may have recorded video footage of the incident. If this is the case, the tape must be requested from the company as soon as is possible.

You should also keep track of the expenses you incur in the aftermath of the auto accident law firms. This can include medical bills and records of your treatment, receipts from medication rental car fees, auto accident attorney in-home assistance or care as well as transportation costs. It is important to record any income loss due to your accident. This could include old pay stubs as well as tax returns.

It is also advisable to find the names of witnesses. They may be able provide valuable details, especially if can convince them to testify in court. However, it is important to remember that witnesses can change their accounts over time, and forget details of the accident.

Intake and Investigation

If you have filed an insurance claim with an company or are starting an action against an at-fault driver, the process of intake is crucial to getting an adequate and fair settlement for your injuries from a crash. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports, as well as other evidence. They will also visit and document the scene of the accident.

This information will enable them to determine the severity of the injuries you've suffered, both in terms actual and projected costs for your emotional or physical suffering. They will then review your financial losses to estimate the value of your case. The damages you suffer could include not only current and future medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any available evidence. They will also take information about the driving habits and cell phones of the drivers at fault to determine if they were using their vehicle at that time. This is especially important in the event that there was a collision that involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working around the clock.

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

Negotiating a Settlement

After you have obtained the medical records then your lawyer will begin negotiations on settlement. The insurance company will often make an initial offer that is lower than the amount you requested in your letter. This is a way to test the strength of your argument. In your counteroffer it is crucial to highlight the most powerful points that you have in your favor. For example, the insurer was at fault and there were severe injuries and expensive medical expenses. In the end, a lot of bargaining back and forth will lead to an amount that is fair and reasonable.

An experienced accident lawyer can effectively argue your claim's merits, including presenting evidence to prove your losses. This could include photographs of the damage to your car or a police report, as well as witness testimony. We know how to calculate various elements of your claim like loss of income, pain and suffering and police report.

If at this point the insurance company is still refusing to provide a reasonable amount, we can choose to file a lawsuit in court. A trial typically lasts between one and two days, and is conducted by either a judge or jury. If your case settles prior to reaching this stage the process could take months. Your attorney might also be able file a summary motion to enter judgment. This involves arguing that all evidence is in your favor, and arguing that it's impossible for the opponent to prevail.

Filing an action

In a majority of cases involving car accidents parties can resolve their disputes outside of court. Our team will work to help you negotiate a settlement with the insurance company of the other driver company or directly with the party at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will detail your assertions and allegations regarding how the accident occurred and why you deserve 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 auto accident attorney the defendant will begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask questions to the lawyer for the defendant about their view of the events, such as what injuries you have suffered and what they believe happened. took place. We will also seek experts to back our assertions.

During the discovery phase, your lawyer can prepare legal documents referred to as motions to the court to be decided by an individual judge. This can include requests for the court to omit certain evidence, or to set the date for a trial. It could take up to a year for the discovery process to be completed and a trial date established. It is essential to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.