The Intake Process for Car Accident Litigation

A lawyer who specializes in car accident litigation can assist you in determining how strong your case is and also how much your settlement could be worth. But it is only possible with all the information needed.

Discovery is the first step of an auto accident lawsuits (just click the up coming website) accident case. During this stage, attorneys and their teams exchange documents and discuss questions under an oath.

Documentation

Documentation is a major component of an auto accident law firms accident. This may include evidence such as photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case.

A police report is the very first document you should have. The police officer who arrives at the scene of the accident is likely to prepare a written report. It will give valuable details about the accident and who was responsible for it.

Your attorney may also make use of the report of a law enforcement officer to gather additional evidence if necessary. If the incident occurred in the workplace, for example, an employee may have recorded video footage. If this is the case, you must ask for a copy of the footage from the company.

It is also important to document the costs you have incurred as a result of the accident. This could include medical bills and records for your treatment, receipts for medicines rental car charges and in-home assistance or care transport costs, and many more. It is also important to document any income lost due to your injury. This can include old pay stubs, as well as tax returns.

If you are able to, request the names of witnesses to the accident as well. They can be valuable sources of information for your case, particularly in the event that they are able to be present at trial. It is important to remember that witnesses may alter their accounts and forget details about the incident over time.

Intake and Investigation

The intake process is critical in obtaining an adequate amount of compensation for your injuries sustained in an accident regardless of whether you've filed a claim with an insurance company or are suing the party at fault. Your attorney will start by reviewing your medical treatment records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the accident.

This will help them to assess the severity of injuries you have suffered in terms of actual and projected costs for your emotional or physical suffering. They will also review your financial losses to determine the total value of your case. Damages could include not only your current and future medical expenses but also income loss and property damage.

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any evidence. They will also take driving and cell phone records of the drivers who were at fault to determine how they used their vehicle at the time. This is particularly important when there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was on the clock.

In addition to this your attorney may inquire about the defendant's past criminal and traffic offence history in the discovery process. These details are generally not admissible, however they can be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After you have received your medical records, you are able to start settlement negotiations. The insurance company is likely to make an initial offer that is smaller than the amount that you demanded in your letter. This is a strategy to assess how strong your case is. In the counteroffer, it's crucial to emphasize the most important arguments in your favor, for example, that the insured was entirely at fault and that you suffered serious injuries that resulted in significant medical expenses. In the end, bargaining back and forth should result in an amount that is fair and reasonable.

An experienced accident lawyer can successfully argue your claim's merits, including presenting proof to support your losses. This could include photos of vehicle damage, police reports and witness testimony. We also know how to determine the value of different elements of your claim, including lost income and pain and suffering.

At this point, if the insurance company refuses to offer a reasonable amount, we have the option to make a claim in court. A trial typically lasts between one and two days and is heard either by a judge or a jury. If your case settles before reaching this phase the process could take months. Your lawyer may also be able to file a summary judgment motion. This means claiming that all evidence is in your favor, and arguing it's impossible for the opponent to win.

Filing an action

In the majority of car accident cases the parties are able to settle their dispute out of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will include your claims and allegations about the circumstances of the crash and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a specific period of time to respond to it.

The discovery phase is when our attorneys and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including how they believe the crash happened and what injuries you've sustained. We will also solicit expert opinions that support our position.

During the discovery process your lawyer may submit legal documents, also known as motions to the court for a judge's ruling on. This could include asking the court to block evidence or set a trial date. It could take up to an entire year for the discovery process to be completed and a trial date established. It is imperative to speak with an experienced Long Island auto accident attorneys accident attorney at the earliest possible point in the process.