The Intake Process for Car Accident Litigation

A lawyer with experience in the field of car accident litigation can help you determine the strengths of your case as well as the amount of settlement you could receive. This is only possible when all the information you need is available.

Discovery is the first stage of a car auto accident law firms case. In this stage, attorneys and their teams will exchange documents and discuss questions under oath.

Documentation

The majority of the work that goes into a car accident case is collecting documentation. This could include evidence such as medical records, photos or witness statements. In general, the more evidence you can provide to support your claim, the stronger your case will be.

A law enforcement report is the primary document you need. The police officer who arrives at the scene of an accident will typically prepare a report. This report will provide important information about the accident and who was responsible.

Your attorney may also make use of the report of a law enforcement officer to seek additional evidence if required. For example, if the incident occurred at a company the employee who worked at that location may have recorded footage of the incident. If that's the case, a copy of the tape must be requested from the business as quickly as is possible.

You should also record the costs you have incurred as a result of the accident. This can include medical bills or records of treatment, receipts from medication rental car fees, in-home assistance or care, transportation costs and more. Additionally, you must note any income loss due to your injury. You can utilize old tax returns and pay stubs.

It is also advisable to get the names of witnesses. They may be able provide valuable information, especially if you are able to have them appear in court. It is important to keep in mind that witnesses can alter their story over time and forget details of the accident.

Intake and Investigation

If you've filed a claim with an insurance company or have started a lawsuit against an at-fault driver, the initial intake process is essential to obtaining the full and fair amount of compensation for your crash injuries. Your attorney will start by looking over your medical treatment documents, as well as copies of accident reports and other evidence. They will also go to the scene of the crash to document and observe what they can.

This information will allow them to understand the extent of the injuries you've sustained, both in terms future and current costs for your emotional or physical suffering. They will then review your financial losses to determine the worth of your case. The damages you incur could include not only your current and future medical expenses but also lost income and property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing the available evidence. They will also obtain driving and cell phone records of the drivers who were at fault to determine if they were using their vehicle during the time. This is particularly important if there was a collision that involved an Uber or Lyft vehicle or any other evidence that suggests the driver was on the clock.

As part of the process of discovery as part of the discovery process, your lawyer will inquire about the defendant's criminal and traffic record of offenses. These details are typically not admissible, but can be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you have received your medical records, auto accident attorney you can begin negotiations for settlement. In the beginning, the insurance company will make an offer that is often considerably lower than what you demand in the letter. This is a method to assess the strength of your case. In your counteroffer it is crucial to emphasize the most important arguments you have in your favor. For example, that the insurer was in the wrong and that there were serious injuries and high medical costs. The process of negotiating back and forth should eventually lead to an acceptable and reasonable amount.

An experienced accident lawyer can effectively argue the merits of your case, including presenting evidence to support your losses. This may include photos of the car's damage along with a police report as well as witness testimony. We know how to calculate various aspects of your claim like lost income or pain and suffering, as well as police report.

At this point, if the insurance company is still refusing to provide a reasonable amount, we can decide to make a claim in court. A trial typically lasts between one and two days and is judged by a judge or a jury. If your case settles before reaching this phase the process could last months. Your attorney may be capable of filing a motion for summary judgement. This involves arguing that all evidence is in your favor and arguing it's impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of car accident cases parties can resolve their disagreement without going to court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. However, if there is no agreement the lawyers of our firm will start a lawsuit against the defendant. The Complaint contains your claims and auto accident attorney allegations about the incident and why you are entitled to compensation. The defendant is served with the Complaint, and given a certain amount of time to respond.

During the discovery phase, our lawyers will exchange documents and other information 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 version of the events, such as what injuries you've sustained and the way they believe it took place. We will also solicit expert opinions that will support our stance.

During the discovery phase, your lawyer may file legal documents called motions to the court for a judge's ruling on. This can include requesting the court to block evidence or set a trial date. It could take up to a year for the discovery process to be completed and a trial date established. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point during the process.