The Intake Process for Car auto accident law firms Litigation

A lawyer who specializes in the area of car accident litigation will help you determine how strong your case is and how the settlement might be worth. This is only possible if all the information you need is available.

The initial step in a car accident lawsuit is called discovery. In this phase, attorneys and their teams exchange documents and ask questions under an oath.

Documentation

Documentation is an integral component of a car accident. This could include evidence such as photos, medical records or witness statements. The more documentation that you have the better your case will be.

A police report is the very first document you need. Typically, the police officer who comes to the scene of the crash will prepare a report, and this will contain important information about what happened and who was at fault for the incident.

Your attorney can also use an official report from law enforcement to gather additional evidence if necessary. For instance, if the incident occurred at a company or office, an employee working at the area may have recorded video footage of the incident. If this is the case, request a copy of the video from the business.

You should also document the expenses you incur as a result of the accident. These could include medical bills and records of your treatment, receipts for medicines rental car costs, in-home care or assistance, transportation costs, and much more. In addition, you should record any income loss as a result of your accident. 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 might be able provide valuable information, especially if can get them to give evidence in court. It's important to keep in mind that witnesses may change their accounts and forget details about the incident as time passes.

Intake and Investigation

The process of intake is crucial to obtaining fair compensation for your injuries sustained in an accident, whether you have filed an insurance claim or are suing the at-fault party. Your attorney will start by looking through your medical documents, as well as copies of accident reports and other available evidence. They will also visit and document the auto accident lawsuit scene.

This information will enable them to determine the severity of injuries you have suffered in relation to current and projected costs for your emotional or physical suffering. They will then review your current and future financial losses to estimate the value of your case. Damages could include not only your current and future medical costs but also income loss and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing all available evidence. They will also obtain driving and cell phone records of the driver at fault in order to see how they used their vehicle at that time. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was working while working, as it could affect their ability to pay your damages.

Additionally your attorney may inquire about the defendant's criminal and traffic convictions as part of the discovery process. Generally speaking, these facts are not admissible in court, however they can be useful to impeach the defendant's credibility in cross-examination.

Negotiating a Settlement

After you've obtained the medical documents, your lawyer can begin negotiations to settle the matter. Initially, the insurance company will present an offer that's usually substantially lower than the amount you requested in your letter. This is an opportunity to determine the strength of your argument. In the counteroffer, you must be crucial to highlight the most powerful arguments you have in your favor - for instance, that the insured was at the fault, and that you suffered severe injuries with high medical expenses. Negotiating back and forth should eventually result in a fair and reasonable amount.

A skilled attorney can successfully argue for your claim's merits, by presenting evidence to justify your losses. This could include photos of car damage, police reports, and witness testimony. We also know how to calculate the value of each element of your claim, like lost income and pain and suffering.

If, at this point, the insurance company is still refusing to provide a reasonable amount, we have the option to bring a lawsuit to court. A trial usually lasts between one and two days and is ruled on by an attorney or a jury. If your case settles prior to reaching this phase, the process can take months. Your attorney may be eligible to file a motion for summary judgment. This means claiming that all evidence is in your favor, and arguing that it's impossible to allow the opposition to prevail.

Filing an action

In the majority of car crash cases, the parties can settle their dispute without going to court. Our team can help you negotiate with the insurance company of the other driver or directly with the driver responsible for the accident. However, if an agreement cannot be reached Our lawyers will initiate a lawsuit against the defendant. The complaint contains your claims and allegations about the incident and why you are entitled to compensation. The defendant is served with the Complaint, and given a set amount of time to respond.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their version of the events, focusing on what damages you've suffered and how they believe it happened. We will also seek experts to back our assertions.

During the discovery stage, your lawyer will submit legal documents, also known as motions with the court for the decision of an individual judge. This could include asking the judge to exclude evidence or set a trial date. It can take as long as an entire year for the discovery process to be completed and a trial date to be set. It is crucial to talk with an experienced Long Island Auto accident law firms accident attorney early in the process.