The Intake Process for Car Accident Litigation

A lawyer who has experience in the field of car accident litigation will be able to assist you determine the worth of your case and the amount of settlement you could get. But this is only feasible with all the necessary information.

Discovery is the very first step of a car accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

A significant portion of the work involved in a car crash case is collecting evidence. This may include evidence such as photographs, medical records or witness statements. The more evidence you have the better your case will be.

A police report is the primary document you should have. The police officer who arrives at the accident scene will usually prepare a report. This will provide valuable information about the accident and who was responsible.

If needed you need to, your attorney can make use of an investigation report to collect additional evidence. For example, if the incident took place in a commercial where employees were present, the site might have recorded video footage of the incident. If this is the case the tape must be requested from the business as soon as it is possible.

Keep track of any expenses you incur due to the accident. Document all expenses you have incurred as a result of. This can include medical bills and records for your treatment, receipts for medication rental car expenses, in-home care or assistance as well as transportation costs and much more. In addition, you should document any lost income due to your injury. You can use tax returns and pay stubs.

If you are able to, request the names of witnesses to the incident as well. They can be valuable sources of information for your case, particularly when they can give evidence at trial. It is important to remember that witnesses can alter their story over time and may forget details of the accident.

Intake and Investigation

If you've filed an insurance claim with an company or have started an action against an at-fault driver, the intake process is essential to obtaining full and fair compensation for the injuries you sustained in 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 and document the accident scene.

This information will assist them comprehend the severity of your injuries, both in terms of future and current costs for your emotional and physical suffering. Then, they will look at your financial losses in order to determine the worth of your case. The damages could not be limited to only future and current medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also collect data from the cell phone and driving records of the at-fault drivers to determine if they were using their vehicle during the time. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the job, as this could affect the ability of them to pay damages.

As part of the discovery procedure, your lawyer will also inquire about the defendant's traffic and criminal record of offenses. These details are typically not admissible, however they can be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After you have received your medical records, you can begin negotiations for settlement. In the beginning, the insurance company will make an offer that is usually much lower than what you request in the letter. This is a way to test the strength of your argument. In the counteroffer, it's crucial to highlight the most powerful arguments in your favor, for example, the insured was fully at fault and that you suffered severe injuries with high medical expenses. Then, the back and forth negotiation should get you to an amount that is both fair and reasonable.

A skilled attorney for accidents can successfully argue the merits of your claim including presenting evidence that supports your losses. This could include photos of vehicle damages, police reports and witness testimony. We know how to calculate various elements of your claim such as lost income, pain and suffering and police reports.

At this point, if the insurance company continues to refuse to offer a fair amount, we have the option to make a claim in court. A trial typically lasts up to two days and is either heard by an individual judge (called a bench trial) or by jurors. If your case settles before reaching this stage the process could take months. Alternatively, your attorney may be in a position to file an application for summary judgment. This is where you present all the evidence to your advantage and arguing that it is impossible for the opposing side to win.

Filing an action

In a majority of cases involving car auto accidents the parties are able to settle their disputes outside of court. Our team will help you negotiate a settlement with the insurance company of the other driver company, or directly with the person at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will outline your claims and allegations regarding how the accident occurred and the reason you should be compensated. The defendant will be served the Complaint and given a specified period of time to respond to it.

The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will inquire to the lawyer of the defendant regarding their view of the events, including what injuries you've suffered and what they believe happened. occurred. We will also seek expert opinions to support our assertions.

During the discovery phase, your lawyer can file legal documents known as motions with the court for the decision of an individual judge. This could mean asking the court to omit evidence or to schedule a trial. It can take a year or more to complete the discovery process and set a trial date for your case. It is crucial to talk with an experienced Long Island auto accident law firms accident attorney as early as you can during the process.