The Intake Process for Car Accident Litigation

An experienced lawyer in litigation involving car accidents will be able to help you determine the strength of your case and what settlement amount you might get. But it is only possible when you have all the relevant information.

Discovery is the very first step of an Auto accident law firm accident case. During this phase attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

A lot of the work involved in a car crash case is obtaining documentation. This could include evidence such photographs, medical records or witness statements. The more evidence you have the more convincing your case will be.

The first piece of evidence you should have is a police report. The police officer who arrives at the scene will usually write a report. It will provide important details about the incident and who was responsible.

Your lawyer can also make use of a law enforcement report to seek additional evidence, if needed. For instance, if the incident occurred in a business, an employee at that location may have recorded footage of the incident. If this is the case a copy of the tape should be requested from the business as quickly as possible.

It is also important to document the expenses you incur in the aftermath of the auto accident lawyer. These could include medical bills or records of treatment, receipts from medications, rental car charges, in-home assistance or care, transportation costs and more. It is also important to document any income loss due to your injury. This could include old pay stubs, as well as tax returns.

It is also advisable to obtain the names of witnesses. They might be able to give valuable information, especially if are able to get them to appear in court. It's important to keep in mind that witnesses could alter their story and forget details about the incident over time.

Intake and Investigation

Whether you have filed an insurance claim with an firm or are beginning legal action against a negligent driver, auto Accident law firm the initial intake process is essential to receive the full and fair amount of compensation for your injuries from a crash. Your lawyer will begin by reviewing your medical treatment records, obtaining copies of accident reports, and other evidence. They will also visit and document the accident scene.

This information will enable them to understand the extent of the harm you've suffered in relation to actual and projected costs for your physical or emotional suffering. They will then review your financial losses in order to determine the value of your case. The damages could not be limited to only current and future 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 all the available evidence. They will also obtain information about the driving habits and cell phones of the drivers who were at fault to determine if they were using their vehicle at that time. This is particularly important when 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 discovery procedure, your lawyer will also inquire about the defendant's traffic and criminal offence records. These details are generally not admissible, however they can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

Once you have received the medical records, you can start settlement negotiations. In the beginning the insurance company will offer an offer that is usually considerably lower than what you request in the letter. This is a method to determine the strength of your case. When you counteroffer, it's essential to highlight the most compelling arguments to your advantage. For instance, you can say that the insurance company was responsible and that there were serious injuries and high medical costs. Eventually, back and forth bargaining will result in an amount that is both fair and reasonable.

An experienced accident lawyer will effectively argue the benefits of your claim, by presenting evidence to prove your losses. This could include photos of the car damage, police reports or witness testimony. We are able to calculate the various components of your claim like loss of income as well as pain and suffering, and police report.

If the insurance company refuses to pay an acceptable amount at this point, we could file a lawsuit. A trial usually lasts for one or two days and is supervised by an individual judge (called a bench trial) or jurors. If your case settles before this stage it could take several months. Your attorney might also be able to file a summary motion to dismiss. This means presenting all of the evidence in your favor and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In the majority of car crash cases, the parties are able to resolve their disputes without the need for court. Our team will work to help you negotiate an agreement with the insurance company, or directly with the party at fault. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your claims and allegations about how the crash occurred and why you deserve compensation. The defendant will be served the Complaint and given a specific period of time to respond to it.

The discovery stage is when our attorneys and the defendant begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of events, focusing on how they believe the crash took place and what injuries you have suffered. We will also look for experts to back our position.

During the discovery phase, your lawyer can prepare legal documents referred to as motions in court for a decision by a judge. This could include requests for the court to omit certain evidence or to set a trial date. It could take up to one year for the investigation process to be completed and a trial date to be set. This is why it's vital to partner with an experienced Long Island car auto accident attorney early in the process.