The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can assist you in determining how strong your case is as well as how the settlement might be worth. But this is only possible when you have all the information needed.

Discovery is the first step of an brookfield auto accident law firm accident case. In this phase, attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is a major element of a car accident. This may include evidence such as medical records, photos, or witness statements. The more documentation that you have, the more convincing your case will become.

The first piece of evidence you should have is a law enforcement report. Typically the police officer who arrives at the scene of the accident will write reports, and these will provide crucial information on what happened and who was responsible for the incident.

If required you need to, your attorney can make use of the police report to gather additional evidence. For instance, if the incident took place in a commercial or office, an employee working at the location might have recorded footage of the incident. If this is the case the tape must be requested from the business as soon as is possible.

Record any expenses you have incurred because of the accident. Record any costs you incur due to. This could include medical bills and records for your treatment, receipts for medication rental car expenses and in-home assistance or care as well as transportation costs and more. Additionally, you must document any lost income because of your accident. This could include old pay stubs as well as tax returns.

If you can, collect the names of witnesses to the accident as well. They may be able to give valuable information, especially if can get them to testify in court. It is important to remember that witnesses may change their narratives and forget specifics about the incident over time.

Intake and Investigation

If you have filed an insurance firm or are beginning a lawsuit against an at-fault driver, the initial intake process is essential to obtaining the full and fair amount of compensation for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical documents, as well as copies of accident reports and other evidence. They will also visit and document the accident scene.

This information will help them determine the extent of your injuries both in terms of future and projected costs for your emotional and physical suffering. Then, they'll review your current and future financial losses to estimate the value of your case. Your damages may include not only current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also gather driving and cell phone records of the drivers who were at fault to determine how they used their vehicle at that time. 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.

Additionally your lawyer will also ask questions about the defendant's past 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 during cross-examination.

Negotiating a Settlement

After you have obtained the medical records then your lawyer will begin negotiations on settlement. The insurance company is likely to make an initial offer that is lower than the amount you requested in your letter. This is a method to test how convincing your case. In the counteroffer it is crucial to emphasize the most important arguments for your side - for instance, that the insured was at the fault and that you sustained serious injuries that resulted in high medical expenses. Then, bargaining back and forth will result in an amount that is fair and reasonable.

A skilled attorney for accidents can successfully argue the benefits of your claim, including presenting evidence supporting your losses. This could include photos of the car damages, police reports and witness testimony. We also know how to calculate the value of various elements of your claim, like lost income and pain and suffering.

If, at this point, the insurance company refuses to offer a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial usually lasts between one and two days, and is judged by jurors or a judge. If your case settles before reaching this stage, the process can take months. Your lawyer may also be able to file a summary motion to dismiss. This is a way of claiming that all evidence is in your favor and arguing that it is impossible for the opposing side to prevail.

Filing an action

In the majority of car accident cases, the parties are able to settle their dispute without the need for court. Our team will help you negotiate with the insurance company of the other driver or directly with the driver who is at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will contain your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specific amount of time to answer.

The discovery phase is where our lawyers and the defendant begin to exchange documents and other evidence in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, focusing on the circumstances under which they believe the crash happened and what injuries you've sustained. We will also seek out expert opinions to support our assertions.

During the discovery process, your lawyer can submit legal documents known as motions to the court for a judge to decide on. This can include requesting the court to exclude evidence or set a trial date. It can take as long as one year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island New kensington auto accident law firm accident attorney early during the process.