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The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can assist you in determining how strong your case is and how much your settlement could be worth. But this is only feasible with all the necessary information.

Discovery is the very first step of a car accident case. During this stage, attorneys and their teams exchange documents and ask questions under oath.

Documentation

A lot of the work involved in a car crash case is collecting documentation. This could include evidence such as photos, auto accident attorney medical records, or witness statements. The more evidence you have to support your claim the more convincing your claim will be.

A police report is the first document you should have. Typically the police officer that comes to the scene of the accident will draft the report, and it will give important details about how the auto accident law firm occurred and who was responsible for the incident.

Your attorney can also use a law enforcement report to pursue additional evidence if required. If the accident happened in a place of business, for example an employee could have recorded video footage. If that's the case, a copy of the tape should be requested from the business as quickly as is possible.

Keep track of any expenses you incur because of the auto accident law firms. Document any expenses you incurred due to. This could include medical expenses and records of your treatment, medication receipts, rental car charges, in-home assistance or care, transportation costs and more. You should also document any income loss due to your injury. You can utilize old tax returns and pay stubs.

You should also obtain the names of witnesses. They could be important sources of information in your case, particularly in the event that they are able to testify at trial. It is important to keep in mind that witnesses may alter their testimony over time and forget details of the incident.

Intake and Investigation

If you've made an insurance company or have started an action against the at-fault driver, the process of intake is essential for obtaining the full and fair amount of compensation for the injuries you sustained in a crash. Your lawyer will begin by looking over your medical records, obtaining copies of accident reports as well as other evidence. They will also go to the scene of the crash to take note of what they can.

This information will allow them to determine the extent of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. They will also review your financial losses to estimate the value of your case. The damages you suffer could include not only current and future medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing all the available evidence. They will also obtain data from the cell phone and driving records of the drivers at fault to determine if they were using their vehicle at the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was working while on the job, as this could impact their ability to pay your damages.

Additionally, your attorney will likely inquire about the defendant's previous criminal and traffic offence history during the discovery process. These facts are usually not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After receiving the medical records, you are able to begin settlement negotiation. Initially, the insurance company will offer an offer that is often considerably lower than what you requested in your letter. This is an opportunity to test the strength of your case. In your counteroffer it is important to highlight the strongest arguments you have in your favor. For instance, if you claim the insurer was at fault and that there were severe injuries as well as the medical costs were high. The process of negotiating back and forth should eventually result in a fair and reasonable amount.

A skilled lawyer for accidents can successfully argue your claim's merits, including presenting evidence to prove your losses. This could include photos of vehicle damages, police reports and witness testimony. We also know how to calculate the value of different elements of your claim, like lost income and pain and suffering.

If, at this point, the insurance company refuses to offer a fair amount, we may choose to start a lawsuit in the courtroom. A trial usually lasts between one and two days. It is usually ruled by an individual judge (called a bench trial) or a jury. If your case settles prior to reaching this stage the process could take months. Your lawyer may also be able to file a summary motion to enter judgment. This is where you present all the evidence to your advantage and arguing that it's impossible for the other side to win.

Filing an action

In a majority of car accident cases, the parties are able to settle their dispute out of court. Our team will work to assist you in negotiating a settlement with the insurance company or directly with the at-fault party. However, if an agreement is not reached our lawyers will start an action against the defendant. The Complaint will list your claims and details about how the crash occurred and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a specific timeframe to respond to it.

During the discovery phase, our attorneys will exchange documents and other material with the defendant, while asking questions via interrogatories as well as depositions. Our team will pose questions to the lawyer for the defendant about their perspective on the events, including what injuries you've suffered and how they believe it took place. We will also seek expert opinions that support our position.

During the discovery process your lawyer may submit legal documents known as motions to the court for a judge's ruling on. This may include requesting the court to omit evidence or Auto Accident Attorney set a trial date. It can take a whole year or more to complete the discovery process and set a trial date for your case. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible in the process.