The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases will be able to assist you determine the worth of your case and the amount of settlement you could get. But it is only possible if you have all the relevant information.

The initial step in a car crash lawsuit is known as discovery. During this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

A significant portion of the work involved in a car crash investigation is gathering evidence. This could include evidence like photographs, medical records, or witness statements. In general, the more evidence you have to back your claim, the stronger your case will be.

The first piece of evidence you should have is a law enforcement report. The police officer who arrives at the scene of an accident will typically prepare a report. It will give valuable details about the incident and who was responsible.

Your attorney may also make use of an official report from law enforcement to pursue additional evidence if required. If the incident occurred at a place of business, for example, an employee may have recorded video footage. If that's the case, a copy of the tape must be requested from the business as soon as it is possible.

Keep track of any expenses you incur as a result of the auto accident law firm. This could include medical bills or vehicle records of treatment, medication receipts, rental car charges and in-home care or assistance, transportation costs and more. Also, you should document any income loss due to your accident. This could include old pay slips and tax returns.

If you are able, obtain the names of any witnesses to the accident as well. They can be valuable sources of information for your case, particularly when they can be present at trial. It is important to keep in mind that witnesses could alter their stories and forget details regarding the accident as time passes.

Intake and Investigation

Whether you have filed an insurance firm or are beginning an action against an at-fault driver, the initial intake process is essential to receive an adequate and fair settlement for your crash injuries. Your attorney will begin by reviewing your medical records, obtaining copies of accident reports and other evidence. They will also visit the scene of the accident to document and observe what they can.

This information will allow them to understand the extent of your injuries in relation to future and current costs for your physical and emotional suffering. Then, they'll review your financial losses to estimate the value of your case. Your damages can include not only your current and future medical costs as well as lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also collect data from the cell phone and driving records of the drivers at fault to see how they used their vehicle at the time. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working, as this could impact their ability to pay for your damages.

As part of the discovery process Your lawyer will inquire about the defendant's criminal and traffic record of offenses. These information is generally not admissible, but can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

Once you have the medical records, your lawyer can begin negotiations for auto accident settlement. The insurance company may make an initial offer that is much smaller than the amount that you requested in your letter. This is a way to determine the strength of your argument. In the counteroffer, it is crucial to emphasize the most important arguments for your side - for example, the insured was fully at fault and that you suffered serious injuries that resulted in high medical expenses. Negotiating back and forth will eventually result in an equitable and reasonable amount.

An experienced accident lawyer can successfully argue your claim's merits, including presenting evidence to back your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to calculate the value of each element of your claim, including loss of income, pain and suffering.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we could bring 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 reaching this stage it could take months. Your attorney might also be able to file a summary motion to dismiss. This involves asserting 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 car accident cases parties are able to resolve their disagreement outside of court. Our team will help you negotiate an agreement with the insurance company of the other driver company or directly with the person at fault. However, if there is no agreement Our lawyers will file an action against the defendant. The Complaint will outline your assertions and allegations regarding how the auto accident occurred and the reasons you are entitled to compensation. The defendant is served with the Complaint, and given a set amount of time to answer.

During the discovery phase, our lawyers will discuss documents and other evidence with the defendant while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, including the circumstances under which they believe the crash took place and what injuries you've suffered. We will also seek out expert opinions to support our claims.

During the discovery phase, your lawyer may submit legal documents, also known as motions in court for a decision by the judge. This can include requesting the court to exclude evidence or schedule a trial. It can take up one year for the investigation process to be completed and a trial date set. It is crucial to talk with an experienced Long Island Atlantic auto Accident lawsuit accident attorney early in the process.