The Intake Process for Car Accident Litigation

A lawyer with expertise in car accident litigation can help you determine how solid your case is as well as how the settlement might be worth. But, this is only possible if you have all the necessary information.

Discovery is the initial step of a car auto accident lawyers case. In this phase, attorneys and their teams will discuss documents and answer questions under oath.

Documentation

A significant portion of the work involved in a car accident case is collecting documentation. This could be evidence like photographs, medical records, or witness statements. The more evidence you have to support your claim the stronger your argument will be.

The first piece of documentation you should have is a police report. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will give valuable details about the accident and the person responsible for it.

If needed your lawyer has the option of using an investigation report to collect additional evidence. If the accident occurred in an office for instance employees may have recorded video footage. If this is the situation, a copy of the tape should be requested from the business as soon as is possible.

You should also record the costs you have incurred due to the accident. This can include medical bills or records of treatment, medication receipts, rental car charges, in-home assistance or care, transportation costs and more. In addition, you should keep track of any income loss because of your injury. You can use tax returns and pay stubs.

You should also try to find the names of witnesses. These people may be able to provide important information, especially if can get them to testify in court. It is important to remember that witnesses may alter their stories and forget details about the incident as time passes.

Intake and Investigation

Whether you have filed an insurance claim with an company or have started an action against an at-fault driver, the initial intake process is essential for obtaining full and fair compensation for the accident injuries. Your attorney will start by reviewing your medical records, obtaining copies of auto accident law firm reports, and other evidence. They will also go to the scene of the accident to observe and document what they can.

This will help them to assess the severity of the injuries you've suffered, both in terms current and projected costs for your physical or emotional suffering. They will then review your financial losses in order to determine the value of your case. The damages could include not only current and future medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing all available evidence. They will also collect information about the driving habits and cell phones of the drivers who were at fault to determine if they were using their vehicle at that time. This is particularly important if there was a collision with an Uber or Lyft vehicle, or any other indication that the driver worked while on the clock.

In addition your lawyer will also ask questions about the defendant's criminal and traffic convictions as part of the discovery process. These information is generally not admissible, Auto Accident Attorney but they could be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After receiving the medical records, you're able to start settlement negotiations. The insurance company will often make an initial offer that is much less than the amount you requested in your letter. This is a way to test the strength of your argument. In the counteroffer, it is crucial to highlight the most powerful arguments you have in your favor - for example, that the insured was completely at the fault and that you sustained serious injuries that resulted in high medical expenses. Eventually, bargaining back and forth should get you to an amount that is both fair and reasonable.

A skilled lawyer for accidents can successfully argue your claim's merits including presenting evidence to back your losses. This could include photographs of the damage to your car or a police report, as well as witness testimony. We have the ability to calculate various elements of your claim like lost income or pain and suffering, as well as police reports.

At this point, if the insurance company is still refusing to provide a reasonable amount, we may choose to file a lawsuit in court. A trial usually lasts between one and two days and is conducted by a judge or a jury. If your case settles before this stage, it can take several months. Your lawyer may also be able file a summary judgment motion. This is a way of claiming that all evidence is in your favor, and arguing that it's impossible for the opposition to win.

Filing an action

In the 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 driver at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will include your claims and allegations about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint, and given a specific amount of time to respond.

The discovery stage is when our attorneys and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will inquire to the lawyer for the defendant about their view of the events, such as what injuries you have suffered and what they believe happened. occurred. We will also look for experts to back our position.

During the discovery stage, your lawyer will file legal documents known as motions with the court to be ruled on by the judge. This may include requests for the court to omit certain evidence or to schedule an appointment for trial. It can take a year or more to complete the discovery process and establish the trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney as early as you can in the process.