The Intake Process for Car Accident Litigation

A lawyer who specializes in car accident litigation can help you determine the strength of your case is and how the settlement you receive could be worth. But it is only possible with all the necessary information.

The first step in a car crash lawsuit is known as discovery. During this stage, attorneys and their teams communicate with each other and ask questions under oath.

Documentation

Documentation is an integral part of the work in an auto accident lawsuit accident. This could include evidence such photographs, medical records or witness statements. The more evidence you can provide to support your claim, the more convincing your argument will be.

A police report is the primary document you need. Typically, the police officer who arrives at the scene of the accident will prepare reports, and these will provide crucial information on what happened and who was responsible for the incident.

If needed your attorney has to use an investigation report to collect additional evidence. For example, if the accident happened in a business the employee who worked at that area may have recorded video footage of the incident. If that's the case, the tape must be requested from the business as quickly as it is possible.

You should also document the costs you have incurred as a result of the accident. These could include medical bills and records of your treatment, receipts from medication rental car costs as well as in-home assistance or care, transportation costs and more. In addition, you should document any lost income because of your injury. You can use old tax returns and pay stubs.

You should also try to obtain the names of witnesses. These people may be able to provide important details, especially if are able to have them give evidence in court. It's important to remember that witnesses may alter their story and forget details about the incident as time passes.

Intake and Investigation

If you have made a claim with an insurance firm or are beginning a lawsuit against an at-fault driver, the intake process is crucial to getting full and fair compensation for your crash injuries. Your attorney will begin by examining your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit the site of the accident to document and observe what they can.

This will help them determine the extent of your injuries in relation to current and projected future costs for your emotional and physical suffering. They will also review your financial losses to estimate the total value of your case. The damages could include not only your current and future medical costs but also lost income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing the available evidence. They will also take the driver who was at fault and their driving cell phone records to see how they used their vehicle at the time of the accident. This is particularly important if there was a collision that involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working around the clock.

In addition, your attorney will likely inquire about the defendant's criminal and traffic offence history during the discovery process. These details are generally not admissible but could be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After you have received your medical records, you can begin settlement negotiations. Initially the insurance company will make an offer that is often considerably lower than what you request in the letter. This is a method to see how strong your case is. In your counteroffer, it's crucial to emphasize the most important points you have to your advantage. For instance, if you claim that the insurer was responsible and that there were severe injuries and significant medical expenses. Eventually, back and forth bargaining will lead to an amount that is reasonable and fair.

A skilled attorney for accidents can effectively argue for the benefits of your claim, including presenting evidence to support your losses. This may include photos of the damage to your car, a police report and witness testimony. We also know how to calculate the value of various elements of your claim, such as loss of income, pain and suffering.

If at this point the insurance company continues to refuse to provide a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial usually lasts one or two days and is either heard by a judge (called a bench trial) or a jury. If your case is settled prior to reaching this stage the process could take months. Or, your lawyer may be capable of filing a motion for summary judgement. This is a way of claiming that all evidence is in your favor, and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of car crash cases, the parties are able to settle their dispute without going to court. Our team will help you negotiate an agreement with the insurance company of the other driver company, or directly with the at-fault party. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint will outline your claims and allegations about the circumstances of the crash and why you deserve compensation. The defendant is served the Complaint and given a specific amount of time to answer.

During the discovery phase, our attorneys will exchange documents and other information with the defendant and ask questions via 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 occurred and the injuries you've suffered. We will also solicit expert opinions that support our position.

During the process of discovery, your lawyer can submit legal documents known as motions to the court for a judge to decide on. This could include requests for the court to block certain evidence, or to set an appointment for trial. It could take up to one year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.