The Intake Process for Car Accident Litigation

A lawyer with expertise in the field of car accident litigation can help you determine how strong your case is as well as how the settlement might be worth. This is only possible if all the information you require is available.

Discovery is the very first step of a car accident case. During this stage, attorneys and their teams exchange documents and discuss questions under oath.

Documentation

The majority of the work involved in a car crash case is obtaining documentation. This could include evidence such as photographs, medical records, or witness statements. The more documentation that you have, the better your case will be.

A police report is the primary document you need. Typically the police officer that comes to the scene of the accident will prepare reports, and these will provide important information about how the accident occurred and who was at fault for the incident.

Your attorney may also make use of the report of a law enforcement officer to gather additional evidence if necessary. If the incident occurred in the workplace such as a place of business employees may have recorded video footage. If this is the case, you should seek a copy from the company.

Record any expenses you have incurred in the aftermath of the accident. Record any costs you incur due to. This could include medical bills and records of your treatment, receipts from medications rental car costs, in-home assistance or care transport costs, and many more. Additionally, you must note any income loss due to your accident. This could include old pay stubs, as well as tax returns.

If you can, get the names of any witnesses to the incident as well. They may be able to provide important information, especially if you can convince them to give evidence in court. However, it is important to remember that witnesses may alter their story over time and may forget details of the accident.

Intake and Investigation

If you have made a claim with an insurance company or are starting legal action against a negligent driver, the initial intake process is essential for obtaining full and fair compensation for your injuries from a crash. Your lawyer will begin by looking over your medical records, and obtaining copies accident reports and other evidence. They will also go to the scene of the accident to observe and document what they can.

This will allow them to understand the extent of injuries you have suffered in terms of future and current costs for your physical or emotional suffering. Then, they'll review your current and future financial losses to determine the value of your case. Your damages may include not only future and current medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also collect the driver at fault's driving records and cell phone records to see how they used their vehicle at the time of the crash. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was working while working, as this could affect their ability to pay your damages.

As part of the discovery procedure Your lawyer will ask about the defendant's traffic and criminal offense records. These facts are usually not admissible, but can be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have the medical records after which your lawyer can start negotiations on settlement. The insurance company may make an initial offer that is much lower than the amount you requested in your letter. This is a strategy to assess how strong your case. When you counteroffer, it's crucial to highlight the most powerful points you have in your favor. For instance, you can say that the insurance company was in the wrong and that there were severe injuries and expensive medical expenses. The process of negotiating back and forth should eventually lead to a fair and reasonable amount.

An experienced accident lawyer can successfully argue the merits of your claim by presenting evidence to prove your losses. This may include photos of the damage to your car, a police report and witness testimony. We are able to calculate the various components of your claim, such as loss of income or pain and suffering, as well as police reports.

If, at this point, the insurance company refuses to offer a fair amount, we can choose to bring a lawsuit to court. A trial usually lasts for about two or three days and is supervised by an individual judge (called a bench trial) or by jurors. If your case settles prior to reaching this phase the process could take months. Your lawyer may also be able file a summary motion for judgment. This is a way of claiming that all evidence is in your favor, and arguing that it is impossible for the other side to prevail.

Filing an action

In the majority of car crash cases, the parties are able to settle their dispute without the need for court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the party at fault. However, if an agreement cannot be reached Our lawyers will initiate an action against the defendant. The Complaint outlines your claims and allegations about the auto accident attorneys and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a specified amount of time to respond.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other evidence in exchange for questions through interrogatories or depositions. Our team will pose questions to the lawyer for the defendant about their version of the events, such as what injuries you have suffered and the way they believe it occurred. We will also request expert opinions that will support our stance.

During the discovery phase, your lawyer can prepare legal documents referred to as motions to the court to be decided by a judge. This could include requests for the court to exclude certain evidence or to schedule the date for a trial. It can take as long as one year for the investigation process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island Auto Accident Law Firm accident attorney as early as possible in the process.