The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can help you determine how strong your case is and how the settlement might be worth. This is only possible when all the information you require is available.

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

Documentation

A large portion of the work involved in a car accident case is collecting documentation. This may include evidence like photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case will become.

The first piece of evidence that you must have is a report from the police. Typically, the police officer who arrives at the scene of the accident will draft the report, and it will provide crucial information on what happened and who was responsible for the incident.

Your lawyer can also make use of the report of a law enforcement officer to gather additional evidence if necessary. If the incident occurred at an office such as a place of business, an employee may have recorded video footage. If this is the case, you should seek a copy from the company.

Record any expenses you have incurred because of the accident. Document all expenses you have incurred as a result of. This could include medical bills and records of your treatment, medication receipts, rental car charges, in-home assistance or care as well as transportation costs. It is important to record any income lost due to your accident. 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. They may be able to provide important information, especially if you can convince them to testify in court. However, it is important to remember that witnesses can alter their testimony over time and forget details of the incident.

Intake and Investigation

The process of intake is vital to obtaining an adequate amount of settlement for your auto accident lawyers-related injuries regardless of whether you've filed a claim with an insurance company or are suing the at-fault party. Your lawyer will begin by reviewing your medical treatment records, and obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

This information will allow them to determine the extent of your injuries in relation to current and projected future costs for your emotional and physical suffering. They will then review your financial losses to estimate the value of your case. The damages you incur could include not just 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 obtain data from the cell phone and driving records of the at-fault drivers to determine how they operated their vehicle at the 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.

Additionally the lawyer may ask questions about the defendant's past criminal and traffic offence history in 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 after which your lawyer can start negotiations on settlement. The insurance company will typically make an initial offer that is smaller than the amount that you requested in your letter. This is a method to assess the strength of your argument. In your counteroffer, it is important to highlight the strongest arguments you have in your favor. For instance, you could argue that the insurance company was at fault and that there were serious injuries as well as the medical costs were high. Negotiating back and forth could eventually lead to an acceptable and reasonable amount.

An experienced accident lawyer will effectively argue the merits of your claim, by presenting evidence to prove your losses. This may include photos of the damage to your vehicle, a police report and witness testimony. We are able to calculate various elements of your claim like lost income as well as pain and suffering, and police report.

If the insurance company is unwilling to pay an appropriate amount at this point, we may start a lawsuit. A trial usually lasts about two or three days and is supervised by a judge (called a bench trial) or jurors. If your case is settled prior to this stage it could take several months. Your attorney may also be able file a summary judgment motion. This means claiming that all evidence is in your favor and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In the majority of cases involving car accidents the parties can settle their dispute out of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If an agreement cannot be reached, our lawyers will file a lawsuit against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a certain time frame to respond.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will inquire to the defendant's lawyer about their version of the events, such as what injuries you've sustained and how they believe it happened. We will also request expert opinions that support our position.

During the discovery phase, your lawyer may prepare legal documents referred to as motions in court to be decided by the judge. This could include asking the court to exclude evidence or schedule a trial. It can take up to one year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident law firms accident attorney as early as possible during the process.