The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to assist you determine the strengths of your case as well as how much settlement you could get. But this is only feasible when you have all the relevant information.

Discovery is the first stage of a car accident case. In this phase, attorneys and their teams communicate with each other and ask questions under an oath.

Documentation

Documentation is a large aspect of the investigation in an auto accident lawsuit accident. This could be evidence like photographs, medical records or witness statements. Generally, the more documentation you have to support your claim, the more convincing your claim will be.

The first document you need is a law enforcement report. The police officer who arrives at the scene of the accident is likely to prepare a written report. It will provide important details about the incident and who was responsible.

Your lawyer may also utilize a law enforcement report to seek additional evidence if required. For instance, if an incident occurred at a company or office, an employee working at the location may have recorded footage of the incident. If this is the case, the tape must be requested from the company as soon as possible.

You should also keep track of the expenses you incur due to the accident. This could include medical bills and records for your treatment, receipts for medications rental car charges home care or assistance expenses for transportation, and many more. In addition, you should document any lost income due to your injury. You can utilize old tax returns and pay stubs.

If you are able to, request the names of any witnesses to the incident as well. They may be able to give valuable information, especially if are able to have them appear in court. It is important to remember that witnesses can alter their story and forget details regarding the auto accident as time passes.

Intake and Investigation

The intake process is critical in obtaining fair compensation for your injuries sustained in an accident, whether you have made an insurance claim or are suing the responsible party. Your lawyer will begin by looking over your medical records and then obtaining copies of accident reports, as well as other evidence. They will also visit the site of the accident to document and observe what they can.

This information will assist them comprehend the severity of your injuries as well as the future and anticipated costs for your physical and emotional suffering. Then, they will review your current and future financial losses to determine the worth of your case. The damages you suffer could include not only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any evidence. They will also obtain the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the crash. This is particularly important when there was a collision involving an Uber or Lyft car or any other indication that the driver was working on the clock.

In addition to this your attorney may ask questions regarding the defendant's prior criminal and traffic offense history during the discovery process. These facts are usually not admissible, but can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After you've obtained the medical documents, your lawyer can begin settlement negotiations. In the beginning the insurance company may make an offer that is often significantly lower than the amount you demand in the letter. This is a way to test the credibility of your argument. In your counteroffer, it is crucial to emphasize the most important points that you have to your advantage. For auto accident instance, if you claim that the insurance company was at fault and there were severe injuries as well as significant medical expenses. Negotiating back and forth will eventually lead to an appropriate and fair amount.

A skilled attorney for accidents can effectively argue for the merits of your case, including presenting evidence supporting your losses. This could include photos of car damage, police reports and witness testimony. We also know how to determine the value of each element of your claim, including lost income and pain and suffering.

If the insurance company is unwilling to pay a reasonable amount at this point, we can start a lawsuit. A trial usually lasts for between one and two days. It can be heard by an individual judge (called a bench trial) or by a jury. If your case is settled before this stage it could take several months. Alternatively, your attorney may be capable of filing a motion for summary judgment. This means presenting all of the evidence to your advantage 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 disputes outside of court. Our team will work to help you negotiate a settlement with the insurance company of the other driver company or directly with the party at fault. If a settlement isn't reached, Auto Accident our attorneys will file a suit against the defendant. The Complaint will outline your claims and allegations regarding the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a specified amount of time to answer.

During the discovery phase, our lawyers will share documents and other material with the defendant while asking questions via interrogatories or depositions. Our team will ask questions to the defendant's lawyer about their view of the events, including the injuries you've suffered and what they believe happened. occurred. We will also seek out experts to back our assertions.

During the process of discovery, your lawyer can file legal documents called motions to the court for a judge's ruling on. This can include requesting the court to block evidence or schedule a trial. It could take up to one year for the discovery process to be completed and a trial date established. It is essential to speak with an experienced Long Island auto accident attorney early in the process.