The Intake Process for Car Accident Litigation

An experienced lawyer in litigation involving car accidents will be able to assist you determine the potential strength of your case and the amount of settlement you can receive. This is only possible when all the information you require is available.

The initial step in a car accident lawsuit is called discovery. During this phase attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

Documentation is a significant aspect of the investigation in the event of a car crash. This can include evidence like photographs, medical records, or witness statements. The more evidence you have, the more convincing your case will become.

The first piece of documentation you need is a police report. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will provide important information about the accident and the person responsible for it.

If required you need to, your attorney can make use of a police report to gather additional evidence. If the accident happened in the business environment for instance an employee could have recorded video footage. If this is the case the tape should be requested from the business as soon as possible.

Document any expenses you incurred as a result of the accident. Document all expenses you have incurred as a result of. This could include medical expenses and records of your treatment, receipts from medications rental car fees as well as in-home assistance or care expenses for transportation, and more. In addition, you should keep track of any income loss because of your injury. You can utilize old tax returns and pay stubs.

If you are able to, request the names of any witnesses to the accident as well. These people can serve as valuable sources of information for your case, particularly those who are able to be present at trial. It is important to keep in mind that witnesses may change their narratives and forget specifics about the incident as time passes.

Intake and Investigation

If you have filed a claim with an insurance company or are starting legal action against a negligent driver, the intake process is essential to receive the full and fair amount of compensation for your injuries from a crash. Your lawyer will begin by reviewing your medical records, obtaining copies of accident reports as well as other evidence. They will also visit and document the scene of the accident.

This information will allow them to understand the extent of injuries you have suffered as well as the current and projected costs for your emotional or physical suffering. They will then look over your existing and expected financial losses to estimate the value of your case. The damages could include not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and reviewing all available evidence. They will also collect the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the crash. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working while at work, as this could negatively impact their ability to pay your damages.

In addition to this, your attorney will likely ask questions about the defendant's previous criminal and traffic offense history during the discovery process. Generally, these details are not admissible in court, however they can be useful to impeach the defendant's credibility in cross-examination.

The process of negotiating a settlement

Once you have received the medical records, it is possible to begin settlement negotiation. The insurance company will typically make an initial offer that is much less than what you demanded in your letter. This is a way to determine the strength of your argument. In the counteroffer, you must be crucial to emphasize the most important arguments in your favor, for example, that the insured was completely at fault and that you suffered severe injuries with high medical costs. Then, back and forth bargaining should result in an amount that is fair and reasonable.

A skilled lawyer for accidents can effectively argue for your claim's merits, including presenting evidence to prove your losses. This could include photos of the car damage, police reports and witness testimony. We are able to calculate various aspects of your claim, including lost income along with pain and suffering as well as a police report.

If at this point the insurance company is still refusing to provide a reasonable amount, we may choose to make a claim in court. A trial typically lasts between one and two days, and is heard either by an attorney or a jury. If your case settles prior to reaching this stage, the process can take months. Your attorney may also be able file a summary judgment motion. This means claiming that all evidence is in your favour, and arguing that it is impossible for the other side to prevail.

Filing an action

In a majority of car accident cases parties are able to settle their dispute out of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. However, if there is no agreement, our lawyers will start a lawsuit against the defendant. The Complaint will include your claims and allegations regarding how the crash occurred and why you deserve compensation. The defendant will be served with the Complaint and given a specific amount of time to respond to it.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, including how they believe the crash occurred and what injuries you've sustained. We will also seek out expert opinions to support our position.

During the discovery phase, your lawyer may file legal documents called motions to the court for a judge to rule on. This may include requests for the court to exclude certain evidence or to schedule an appointment for trial. It can take a whole year or more to complete the process of discovery and to set the date of trial for your case. It is crucial to talk with an experienced Long Island auto accident lawsuits accident attorney as early as you can in the process.