The Intake Process for Car Accident Litigation

A lawyer with expertise in car accident litigation can help you determine the strength of your case is as well as how much your settlement could be worth. However, this is only possible if you have all the relevant information.

The first step in a car accident lawsuit is called discovery. In this stage, attorneys and their teams will exchange documents and ask questions under the oath.

Documentation

A significant portion of the work involved in a car accident case is obtaining documentation. This could be evidence like medical records, photos or witness statements. The more evidence you can provide to support your claim, the more convincing your case will be.

The first piece of evidence you should have is a law enforcement report. The police officer who arrives at the accident scene will typically prepare a report. This report will provide important information about the accident and who was responsible.

Your lawyer can also make use of an official report from law enforcement to obtain additional evidence if required. If the accident happened in the business environment, for example an employee could have recorded video footage. If this is the case, you must request a copy of the video from the business.

You should also record the expenses you incur as a result of the accident. This could include medical expenses or records of treatment, receipts from medications rental car costs as well as in-home assistance or care, transportation costs and more. It is important to record the loss of income due to your injury. This can include old pay stubs as well as tax returns.

You should also obtain the names of witnesses. These people can serve as important sources of information in your case, particularly when they can give evidence at trial. It is important to remember that witnesses can change their testimony over time and they may forget details about the accident.

Intake and Investigation

The intake process is essential to obtaining fair compensation for your injuries sustained in an auto accident law firm, whether you have made an insurance claim or are suing the at-fault party. Your attorney will start 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 enable them to comprehend the extent of the injuries you've sustained in terms of actual and projected costs for your physical or emotional suffering. They will then look over your existing and expected financial losses to determine the value of your case. Damages could comprise not only your current and future medical costs as well as lost income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any evidence. They will also obtain the driving and cell phone records of the drivers at fault to see how they used their vehicle during the time. This is especially important if 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 ask about the defendant's criminal and traffic record of offenses. These facts are usually not admissible but could be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have the medical records, it is possible to begin settlement negotiation. The insurance company is likely to make an initial offer that is much less than what you demanded in your letter. This is a way to determine how strong your case is. When you counteroffer, it's crucial to emphasize the most important points you have in your favor. For instance, if you claim that the insurer was at fault and that there were serious injuries and high medical costs. Eventually, negotiations back and forth will lead to an amount that is reasonable and fair.

A skilled accident attorney can effectively argue for the benefits of your claim, including presenting evidence to support your losses. This could include photos of the car damage, police reports or witness testimony. We also know how to determine the value of various elements of your claim, including lost income and suffering and pain.

If the insurance company refuses to pay an appropriate amount at this point, we may file a lawsuit. A trial usually lasts between one and two days and is heard either by a judge or a jury. If your case is settled prior to this phase, it can take several months. In addition, your attorney might be in a position to file a motion for summary judgment. This involves asserting all of the evidence to your advantage and arguing that it is impossible for the other side to prevail.

Filing an action

In the majority of cases involving car accidents the parties can settle their dispute out of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the person who was at fault. However, if there is no agreement our lawyers will file an action against the defendant. The Complaint outlines your claims and allegations about the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond.

The discovery stage is when our attorneys and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask questions to the lawyer of the defendant regarding their interpretation of the events, such as what injuries you've sustained and how they believe it happened. We will also request expert opinions to support our position.

During the discovery phase, your lawyer may make legal documents known as motions to the court to be ruled on by an individual judge. This can include requesting the court to block evidence or set a trial date. It can take up to one year for the investigation process to be completed and a trial date set. It is imperative to speak with an experienced Long Island auto accident law firm accident attorney early in the process.