The Intake Process for Car Accident Litigation

A lawyer with expertise in the field of car accident litigation can help you determine the strength of your case is and how much your settlement could be worth. This is only possible when all the information you need is available.

The initial step in a lawsuit involving a car auto accident law firm is known as discovery. In this phase, attorneys and their teams exchange documents and ask questions under oath.

Documentation

Documentation is a major element of an windcrest auto accident lawsuit accident. This may include evidence such as photographs, medical records or witness statements. The more evidence you have, the more convincing your case.

The first piece of documentation that you must have is a law enforcement report. The police officer who arrives at the scene will usually prepare a report. It will give valuable details about the accident and who was responsible.

If required your attorney has to use the police report to gather additional evidence. For example, if the incident occurred in a business where employees were present, the location may have recorded footage of the incident. If this is the case, request a copy from the company.

Record any expenses you have incurred as a result of the accident. This can include medical bills or records of treatment, medication receipts rental car fees, in-home assistance or care transport costs, and many more. In addition, you should note any income loss because of your injury. You can utilize old tax returns and pay stubs.

You should also try to find the names of witnesses. They may be able provide valuable information, particularly if you can convince them to testify in court. However, it's important to remember that witnesses are prone to altering their testimony over time and could forget specific details about the incident.

Intake and Investigation

Whether you have made a claim with an insurance firm or are beginning legal action against a negligent driver, the process of obtaining an intake is crucial to getting full and fair compensation for your crash injuries. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports, and other evidence. They will also go to and document the accident scene.

This will allow them to understand the extent of the injuries you've sustained as well as the future and current costs for your physical or emotional suffering. Then, they will look at your current and future financial losses in order to determine the value of your case. The damages could not be limited to only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing the available evidence. They will also gather the driver who was at fault and their driving cell phone records to see how they used their vehicle at the time of the accident. This is especially important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working while working, as it could affect their ability to pay your damages.

As part of the discovery procedure as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal record of offenses. Generally, these details are not admissible in court, however they can be useful to undermine the credibility of the defendant during cross examination.

The process of negotiating a settlement

After receiving the medical records, it is possible to begin negotiations for settlement. Initially the insurance company will make an offer that's usually substantially lower than the amount you requested in your letter. This is a way to determine how strong your case is. In your counteroffer it is crucial to emphasize the most important arguments to your advantage. For instance, if you claim that the insurer was responsible and that there were serious injuries and the medical costs were high. Negotiating back and forth could eventually result in an equitable and reasonable amount.

An experienced accident lawyer can effectively argue your claim's merits, by presenting evidence to justify your losses. This could include photos of the damage to your car, a police report and witness testimony. We also know how to determine the value of various elements of your claim, including lost income and pain and suffering.

If the insurance company is unwilling to pay an appropriate amount at this point, we may start a lawsuit. A trial typically lasts between one and two days and is heard either by either a judge or jury. If your case is settled before this stage it could take several months. Your attorney might also be able to file a summary judgment motion. This involves asserting that all evidence is in your favor and arguing that it is impossible for the opposition to prevail.

Filing an action

In a majority of cases involving car accidents, the parties are able to resolve their disputes outside of court. Our team will help you negotiate an agreement with the insurance company or Auto accident directly with the party at fault. However, if there is no agreement, our lawyers will start a lawsuit against the defendant. The Complaint will contain your claims and allegations about the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified timeframe to respond.

During the discovery phase, our attorneys will discuss documents and other materials with the defendant while asking questions through interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, such as what they believe happened, how they believe it happened and what injuries you've sustained. We will also seek expert opinions that support our position.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court to be ruled on by the judge. These could include requests to the court's decision to exclude certain evidence or set an appointment for trial. It could take a full year or more to complete the discovery process and establish the trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney early during the process.