The Intake Process for Car Accident Litigation

A lawyer with expertise in the field of car auto accident law firm litigation can help you determine how solid your case is and also how much your settlement could be worth. This is only possible if all the information you require is available.

The initial step in a lawsuit involving a car accident is known as discovery. During this stage, attorneys and their teams will communicate with each other and ask questions under the oath.

Documentation

A significant portion of the work that goes into a car Auto accident law firm investigation is gathering evidence. This can include evidence like photographs, medical records or witness statements. The more evidence you have, the more convincing your case will be.

A law enforcement report is the very first document you should have. The police officer who arrives at the scene will usually prepare a report. It will give valuable details about the auto accident and who was responsible for it.

If required you need to, your attorney can make use of an investigation report to collect additional evidence. If the incident occurred in the workplace such as a place of business, an employee may have recorded video footage. If this is the case, you should ask for a copy of the footage from the company.

Keep track of any expenses you incur due to the accident. These could include medical bills or records of treatment, receipts from medications rental car fees, in-home assistance or care expenses for transportation, and more. It is important to record any income you lose due to your injury. This could include old pay slips and tax returns.

If you can, get the names of any witnesses to the incident as well. These people may be able provide valuable information, especially if are able to get them to testify in court. It's important to keep in mind that witnesses can alter their stories and forget details regarding the accident as time passes.

Intake and Investigation

If you have filed a claim with an insurance firm or are beginning an action against the at-fault driver, the intake process is essential for obtaining an adequate and fair settlement for the accident injuries. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports, as well as other evidence. They will also visit and document the scene of the accident.

This will allow them to assess the severity of the injuries you've suffered in relation to cost and projections for your physical or emotional suffering. They will then review your financial losses in order to determine the worth of your case. Damages could include not only your present and future medical costs, but also lost income and property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing all available evidence. They will also collect the driver at fault's driving and phone records to determine what they were doing with their vehicle at the time of the collision. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working while at work, as this could negatively impact the ability of them to pay damages.

Additionally your lawyer will also inquire about the defendant's criminal and traffic convictions as part of the discovery process. These details are typically not admissible but could be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records, your lawyer can begin negotiations for settlement. The insurance company is likely to make an initial offer that is smaller than the amount that you demanded in your letter. This is a way to test the strength of your argument. In the counteroffer it is crucial to emphasize the most important points in your favor - for example, that the insured was fully at the fault, and that you suffered serious injuries that resulted in high medical expenses. In the end, negotiations back and forth should result in an amount that is reasonable and fair.

A skilled accident attorney can successfully argue the merits of your claim, including presenting evidence supporting your losses. This may include photos of the damage to your car along with a police report as well as witness testimony. We know how to calculate various elements of your claim, such as loss of income or pain and suffering, as well as police report.

If, at this point, the insurance company continues to refuse to provide a reasonable amount, we can choose to bring a lawsuit to court. A trial typically lasts about two or three days and can be heard by an individual judge (called a bench trial) or by jurors. If your case is settled before this point it can take a few months. Your attorney may be eligible to file a motion for summary judgement. This involves arguing that all evidence is in your favor, and arguing that it's impossible to allow the opponent to prevail.

Filing an action

In the majority of car accident cases parties can settle their dispute without going to court. Our team will work to help you negotiate an agreement with the insurance company 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 include your claims and allegations about the circumstances of the crash and why you are entitled to compensation. The defendant is served with the Complaint and given a specified amount of time to answer.

The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, including what they believe happened during the crash, as well as how they think it happened and what injuries you've sustained. We will also seek out expert opinions to support our assertions.

During the discovery phase, your lawyer may submit legal documents known as motions to the court to a judge's decision on. This can include requesting the court to omit evidence or set a trial date. It could take a year or more to complete the process of discovery and to set an appointment date for your case. This is why it's crucial to find a knowledgeable Long Island car accident attorney early in the process.