The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation can help you determine the potential strength of your case and the amount of settlement you can get. However, this is only possible when you have all the necessary information.

Discovery is the first stage of a car auto accident lawsuit case. In this stage, attorneys and their teams discuss documents and answer questions under an oath.

Documentation

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

A police report is the first document you should have. Typically the police officer who arrives at the scene of the accident will prepare the report, and it will provide important information about what happened and who was at fault for the incident.

If needed you need to, your attorney can make use of the police report to gather additional evidence. For instance, if the incident occurred at a company where employees were present, the area may have recorded footage of the incident. If this is the case, you should seek a copy from the company.

It is also important to document the expenses you incur due to the accident. This could include medical expenses, records of your treatment, medication receipts rental car fees and in-home care or assistance, transportation costs and more. You should also document any income lost due to your injury. You can use tax returns and pay stubs.

It is also advisable to find the names of witnesses. They might be able to give valuable information, particularly if you are able to get them to be a witness in court. But, it's important to keep in mind that witnesses are prone to altering their accounts over time, and could forget specific details about the accident.

Intake and Investigation

Whether you have made an insurance claim with an company or are preparing a lawsuit against an at-fault driver, auto accident Lawsuits the initial intake process is essential to receive full and fair compensation for the injuries you sustained in a crash. Your attorney will start by reviewing your medical records, obtaining copies of accident reports, and other evidence. They will also visit and document the accident scene.

This information will allow them to know the extent of your injuries both in terms of future and anticipated costs for your physical and emotional suffering. They will also review your financial losses to determine the value of your case. Damages could include not just your current and future medical costs as well as lost income and property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing all the available evidence. They will also take driving and cell phone records of the at-fault drivers to determine if they were using their vehicle at that time. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other indicator that the driver was on the job, as this could impact their ability to cover your damages.

In addition to this, your attorney will likely inquire about the defendant's past criminal and traffic convictions as part of the discovery process. These information is generally not admissible, but can be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After you have obtained the medical records, your lawyer can begin settlement negotiations. The insurance company is likely to make an initial offer that is smaller than the amount that you requested in your letter. This is a way to assess how strong your argument is. In your counteroffer, it's important to highlight the strongest arguments you have to your advantage. For instance, you can say that the insurance company was at fault and there were serious injuries as well as significant medical expenses. Negotiating back and forth should eventually lead to an appropriate and fair amount.

A skilled attorney can effectively argue your claim's merits by presenting evidence to justify your losses. This could include photographs of the car's damage or a police report, as well as witness testimony. We have the ability to determine the various elements of your claim, such as loss of income as well as pain and suffering, and police reports.

If, at this point, the insurance company refuses to provide a reasonable amount, we have the option to bring a lawsuit to court. A trial usually lasts up to two days and can be heard by an individual judge (called a bench trial) or by jurors. If your case settles prior to reaching this phase the process could last months. Your lawyer may also be able to file a summary motion to enter judgment. This is where you present all the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of car crash cases parties can settle their disputes without going to court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations about the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a specified amount of time to respond.

During the discovery phase, our lawyers will exchange documents and other materials with the defendant, while asking questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, such as the circumstances under which they believe the crash took place and what injuries you've sustained. We will also seek out expert opinions to support our assertions.

During the discovery phase, your lawyer could file legal documents known as motions in court for the decision of a judge. This could include asking the court to omit evidence or schedule a trial. It can take up one year for the investigation process to be completed and a trial date established. It's crucial to consult with an experienced Long Island Auto Accident Lawsuits accident attorney as early as you can during the process.