The Intake Process for Car Accident Litigation

An experienced lawyer in litigation involving car accidents will be able to help you determine the worth of your case and how much settlement you could receive. But this is only feasible with all the relevant information.

The first step in a car crash lawsuit is known as discovery. During this phase attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

Documentation is a major part of the work in an auto accident. This can include evidence like medical records, photos, or witness statements. The more documentation that you have, the more convincing your case will become.

A police report is the primary document you should have. Typically, the police officer who arrives at the scene of the accident will prepare an investigation report. This will provide important information about the circumstances of the crash and who was responsible for the incident.

Your attorney can also use the report of a law enforcement officer to obtain additional evidence in the event of need. If the accident occurred in a place of business for instance an employee might have recorded video footage. If this is the case, ask for a copy of the footage from the company.

You should also record any expenses you incurred in the aftermath of the accident. This could include medical bills and records for your treatment, receipts for medication rental car costs as well as in-home care or assistance transport costs, and more. You should also document any income loss due to your accident. This can include old pay stubs, as well as tax returns.

It is also advisable to get the names of witnesses. These people may be able provide valuable details, especially if are able to have them testify in court. However, it's important to keep in mind that witnesses can change their stories over time and may forget details of the incident.

Intake and Investigation

If you've made an insurance claim with an company or are preparing legal action against a negligent driver, the initial intake process is essential to receive an adequate and fair settlement for the injuries you sustained in a crash. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports and other available evidence. They will also visit the scene of the crash to document and observe what they can.

This information will allow them to understand the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. Then, they will review your current and future financial losses in order to estimate the value of your case. Damages could include not only your present and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing all available evidence. They will also take the driving and cell phone records of the drivers who were at fault to determine if they were using their vehicle at the time. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working while at work, as this could negatively impact their ability to cover your damages.

Additionally the lawyer may inquire about the defendant's criminal and traffic offence history during the discovery process. These details are generally not admissible in court but they can be useful to undermine the credibility of a defendant during cross examination.

The process of negotiating a settlement

After you have received your medical records, you can begin negotiations for settlement. The insurance company is likely to make an initial offer that is much smaller than the amount that you demanded in your letter. This is a strategy to test how convincing your case is. In your counteroffer it is essential to highlight the most compelling points you have in your favor. For instance, you can say that the insurance company was in the wrong and that there were serious injuries as well as significant medical expenses. In the end, bargaining back and forth should get you to an amount that is fair and reasonable.

A skilled accident attorney can effectively argue the merits of your claim by presenting evidence to prove your losses. This may include photos of the car damage or a police report, as well as witness testimony. We also know how to determine the value of various elements of your claim, including loss of income, suffering and pain.

If, at this point, the insurance company refuses to provide a reasonable amount, we may choose to bring a lawsuit to court. A trial usually lasts between one and two days, and is ruled on by an attorney or a jury. If your case settles before reaching this stage it could take months. Your attorney may be in a position to file a motion for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to resolve their disputes without the need for court. Our team can help you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. However, if an agreement is not reached, our lawyers will initiate a lawsuit against the defendant. The Complaint outlines your claims and allegations relating to the incident and why you are entitled to compensation. The defendant is served with the Complaint, and given a certain amount of time to answer.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will inquire to the lawyer for the defendant about their version of the events, such as what injuries you have suffered and auto accident how they believe it took place. We will also look for experts to back our assertions.

During the discovery process your lawyer can submit legal documents known as motions to the court to a judge's decision on. This can include requests for the court to block certain evidence or to set an appointment for trial. It could take a year or more to complete the process of discovery and to set the trial date for your case. It's crucial to consult with an experienced Long Island auto accident lawyers accident attorney as early as possible in the process.