The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can assist you in determining how strong your case is as well as how the settlement you receive could be worth. This is only possible when all the information you need is available.

The first step in a lawsuit involving a car accident is known as discovery. During this stage, attorneys and their teams will exchange documents and discuss questions under oath.

Documentation

Documentation is a large aspect of the investigation in an auto accident law firms auto accident lawsuits. This could include evidence such as photos, medical records, or witness statements. The more documentation that you have, the more convincing your case will become.

A law enforcement report is the first document you need. Typically, the police officer who arrives at the scene of the accident will write the report, and it will contain important information about how the accident occurred and who was at fault for the incident.

Your attorney can also use the report of a law enforcement officer to obtain additional evidence, if needed. For instance, if the incident took place in a commercial the employee who worked at that location may have recorded footage of the incident. If this is the case a copy of the tape should be requested from the business as soon as it is possible.

You should also keep track of any expenses you incurred due to the accident. This could include medical bills and records for your treatment, receipts for medications rental car charges and in-home assistance or care, transportation costs, and many more. It is also important to document any income you lose due to your accident. This could include old pay slips and tax returns.

If you can, get the names of any witnesses to the accident as well. They could be important sources of information in your case, especially in the event that they are able to be a witness in a trial. It is important to remember that witnesses can change their story over time and forget details of the accident.

Intake and Investigation

The intake process is essential in obtaining fair compensation for your injuries from an accident regardless of whether you've made an insurance claim or are suing the responsible party. Your attorney will start by reviewing your medical records, and obtaining copies of accident reports, and other evidence. They will also visit the scene of the crash to observe and document what they can.

This information will allow them to understand the extent of your injuries in relation to future and current costs for your emotional and physical suffering. They will then analyze your financial losses to estimate the value of your case. The damages could include not only future and current medical expenses, but also your lost income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing all available evidence. They will also gather the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the collision. This is particularly important if there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the clock.

As part of the process of discovery as part of the discovery process, your lawyer will ask about the defendant's traffic and criminal offence records. Generally, these details are not admissible in court, however they could be helpful to discredit the credibility of the defendant in cross-examination.

The process of negotiating a settlement

Once you have the medical records, you can begin settlement negotiations. Initially, the insurance company may make an offer that is usually substantially lower than the amount you request in the letter. This is a method to determine how strong your argument is. In the counteroffer, it is important to emphasize the strongest arguments in your favor, for instance, that the insured was fully at the fault and that you sustained severe injuries with significant medical expenses. Then, the back and forth negotiation should result in an amount that is reasonable and fair.

An experienced attorney will effectively argue the benefits of your claim, including presenting evidence supporting your losses. This could include photos of car damage, police reports and witness testimony. We can determine the various elements of your claim, including lost income, pain and suffering and police reports.

If, at this point, the insurance company is still refusing to offer a fair amount, we can choose to file a lawsuit in court. A trial usually lasts for about two or three days and is either heard by a judge (called a bench trial) or a jury. If your case settles prior to this phase, it can take several months. Your attorney might also be able file a summary motion for judgment. This involves asserting all of the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing a Lawsuit

In the majority of cases involving car accidents parties can resolve their disagreement outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specific time frame to respond.

The discovery stage is when our lawyers and the defendant will begin to exchange documents and other materials in exchange for questions through interrogatories or depositions. Our team will pose questions to the lawyer representing the defendant about their perspective on the events, such as what injuries you've sustained and the way they believe it occurred. We will also look for experts to back our claims.

During the process of discovery, your lawyer can file legal documents called motions to the court for a judge to rule on. This could include asking the judge to exclude evidence or schedule a trial. It could take a year or more to complete the discovery process and establish the trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point during the process.