The Intake Process for Car Accident Litigation

A lawyer that specializes in car accident litigation can assist you in determining how strong your case is, and how the settlement you receive could be worth. But this is only possible with all the necessary information.

The first step in a lawsuit involving a car accident is known as discovery. In 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 case is collecting evidence. This could include evidence like photos, medical records, or witness statements. The more evidence you have to back your claim, the more convincing your case will be.

A law enforcement report is the very first document you need. 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.

Your attorney can also use the law enforcement report to pursue additional evidence in the event of need. If the incident occurred in an office for instance employees may have recorded video footage. If this is the case, request a copy of the video from the company.

You should also document the expenses you incur in the aftermath of the accident. This can include medical bills, records of your treatment, medication receipts, rental car charges as well as in-home assistance or care expenses for transportation, and more. Also, you should document the loss of income due to your accident. You can use your old tax returns and pay stubs.

If you can, collect the names of any witnesses to the accident as well. These people can serve as valuable sources of information for your case, particularly those who are able to be a witness in a trial. But, it's important to remember that witnesses can alter their accounts over time, and may forget details of the accident.

Intake and Investigation

The process of intake is crucial in obtaining fair settlement for your accident-related injuries, whether you have made an insurance claim or are suing the responsible party. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the auto accident lawsuits scene.

This will help them to determine the severity of the harm you've suffered in terms of current and projected costs for your physical or emotional suffering. Then, they will review your financial losses to determine the value of your case. The damages could not be limited to just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and reviewing any available evidence. They will also gather the at-fault driver's driving and phone records to determine how they were using their vehicle at the time of the collision. This is particularly important if there was a collision with an Uber or Lyft vehicle or any other indication that the driver was on the clock.

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

The process of negotiating a settlement

After you have obtained the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. In the beginning the insurance company may make an offer that's usually much lower than what you requested in your letter. This is a method to assess how strong your case. In the counteroffer, it is crucial to highlight the most powerful arguments you have in your favor - for example, that the insured was entirely at the fault and that you sustained severe injuries with high medical expenses. In the end, negotiations back and forth will lead to an amount that is both fair and reasonable.

A skilled attorney for accidents can effectively argue the merits of your case, including presenting evidence that supports your losses. This could include photographs of the car damage, a police report and witness testimony. We can calculate various aspects of your claim such as lost income along with pain and suffering as well as a police report.

If at this point the insurance company still refuses to offer a reasonable amount, we can choose to file a lawsuit in court. A trial typically lasts between one and two days, and is ruled on by a judge or a jury. If your case settles before this point it could take a few months. Your attorney might also be able file a summary motion for judgment. This means claiming that all evidence is in your favor and arguing that it's impossible for the opponent to win.

Filing a Lawsuit

In the majority of car accident cases, the parties can resolve their disputes without the need for court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the driver at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint and given a set amount of time to answer.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their view of events, including the circumstances under which they believe the crash happened and what injuries you've sustained. We will also look for expert opinions to support our assertions.

During the discovery process your lawyer could make legal motions to the court for a judge's ruling on. This could include asking the court to omit evidence or set a trial date. It could take a year or more to complete the discovery process and determine the date of trial for your case. It is essential to speak with an experienced Long Island auto accidents Accident Attorney (Articlescad.Com) as early as possible in the process.