The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can help you determine the strength of your case is as well as how the settlement you receive could be worth. However it is only possible with all the necessary information.

Discovery is the very first step of an Auto accident law firm accident case. In this stage, attorneys and their teams will exchange documents and discuss questions under oath.

Documentation

Documentation is an integral part of the work in an auto accident lawsuits accident. This could include evidence such photos, medical records or witness statements. The more evidence you have, the more convincing your case.

A law enforcement report is the very first document you should have. Typically the police officer who comes to the scene of the accident will draft reports, and these will contain important information about what happened and who was responsible for the incident.

Your attorney may also make use of an official report from law enforcement to pursue additional evidence if required. For instance, if an incident occurred in a business the employee who worked at that location may have recorded footage of the incident. If this is the situation, the tape should be requested from the company as soon as is possible.

You should also document any expenses you incurred as a result of the accident. This could include medical bills and records of your treatment, receipts for medications rental car charges home care or assistance, transportation costs, and many more. In addition, you should note any income loss due to your accident. This could include old pay stubs, as well as tax returns.

You should also try to find the names of witnesses. These witnesses can be important sources of information in your case, particularly in the event that they are able to testify at trial. However, it is important to remember that witnesses can alter their story over time and forget details of the accident.

Intake and Investigation

If you've made an insurance claim with an company or have started an action against an at-fault driver, the intake process is essential to receive an adequate and fair settlement for the injuries you sustained in a crash. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports and other evidence. They will also go to and document the accident scene.

This information will allow them to determine the severity of injuries you have suffered as well as the current and projected costs for your physical or emotional suffering. They will then review your current and future financial losses to estimate the value of your case. Your damages can include not only your current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and analyzing all the available evidence. They will also obtain the driver at fault's driving records and phone records to determine what they were doing with their vehicle at the time of the accident. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working, as it could affect their ability to pay for your damages.

As part of the discovery process as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal offence records. Generally speaking, these facts are not admissible in court, however they can be useful to undermine the credibility of a defendant during cross examination.

Negotiating a Settlement

After you've obtained the medical documents after which your lawyer can start negotiations for settlement. In the beginning the insurance company will present an offer that is usually considerably lower than what you demand in the letter. This is a tactic to test how convincing your argument is. In the counteroffer it is crucial to highlight the most powerful arguments you have in your favor - for example, the insured was entirely at the fault, and that you suffered serious injuries that resulted in significant medical expenses. Negotiating back and forth will eventually lead to an appropriate and fair amount.

An experienced accident lawyer can effectively argue for the merits of your case, including presenting evidence to support your losses. This could include photographs of the damage to your vehicle or a police report, as well as witness testimony. We also know how to determine the value of each element of your claim, like loss of income, suffering and pain.

At this point, if the insurance company is still refusing to offer a fair amount, we can decide to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is conducted by jurors or a judge. If your case is settled prior to reaching this stage the process could last months. Your attorney may be in a position to file a motion for summary judge. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.

Filing an action

In the majority of cases involving car accidents parties can settle their disputes outside of court. Our team will work to assist you in negotiating a settlement with the insurance company or directly with the party at fault. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The complaint contains your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant will be served with the Complaint and given a certain amount of time to respond to it.

The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their view of the events, focusing on what injuries you've sustained and the way they believe it took place. We will also seek experts to back our claims.

During the discovery phase, your lawyer can prepare legal documents referred to as motions in court to be decided by an individual judge. This may include requesting the court to block evidence or set a trial date. It could take a full year or more to complete the discovery process and determine a trial date for your case. This is why it's crucial to work with an experienced Long Island car accident attorney at the beginning of the process.