The Intake Process for Car Accident Litigation

A lawyer who specializes in car accident litigation can help you determine how solid your case is as well as how the settlement might be worth. But, this is only possible when you have all the information needed.

Discovery is the very first step of an auto accident lawsuit accident case. During this phase attorneys and their teams will exchange documents and ask questions under oath.

Documentation

Documentation is a large element of an auto accident. This may include evidence like photos, medical records, or witness statements. The more documentation that you have, the more convincing your case will become.

The first document that you must have is a police report. The police officer who arrives at the accident scene will usually write a report. It will provide important information regarding the accident as well as the person responsible for it.

Your lawyer can also make use of the law enforcement report to gather additional evidence in the event of need. For instance, if the incident occurred at a company, an employee at that site might have recorded video footage of the incident. If this is the case a copy of the tape should be requested from the business as soon as it is possible.

It is also important to document any expenses you incurred in the aftermath of the accident. These could include medical bills as well as records of your treatment, medication receipts, rental car charges as well as in-home assistance or care expenses for transportation, and more. It is important to record any income you lose due to your accident. This can include old pay stubs as well as tax returns.

It is also advisable to find the names of witnesses. They could be important sources of information in your case, particularly in the event that they are able to testify at trial. It is important to remember that witnesses may alter their story over time and could forget specific details about the incident.

Intake and Investigation

Whether you have made an insurance claim with an company or are starting a lawsuit against an at-fault driver, the process of obtaining an intake is essential for obtaining full and fair compensation for the injuries you sustained in a crash. Your attorney will start by reviewing your medical documents, as well as copies of accident reports as well as other evidence. They will also go to and document the accident scene.

This information will help them know the extent of your injuries, both in terms of future and auto accident anticipated costs for your emotional and physical suffering. They will then review your existing and expected financial losses to estimate the total value of your case. The damages could not be limited to only future and current medical expenses, but also loss of income as well as property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any evidence. They will also take data from the cell phone and driving records of the at-fault drivers to see how they used their vehicle at that time. This is particularly important if there was a collision that involved an Uber or Lyft car, or any other evidence that suggests the driver worked while on the clock.

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

Negotiating a Settlement

Once you have received the medical records, auto accident you're able to begin settlement negotiations. The insurance company will often make an initial offer that is less than what you requested in your letter. This is an opportunity to assess the strength of your case. When you counteroffer, it's crucial to highlight the most powerful points that you have to your advantage. For instance, you can say that the insurer was at fault and that there were serious injuries as well as expensive medical expenses. Then, bargaining back and forth will result in an amount that is both reasonable and fair.

An experienced accident lawyer can effectively argue the merits of your case, including presenting evidence supporting your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to determine the value of each element of your claim, like lost income and suffering and pain.

If the insurance company refuses to pay a reasonable amount at the moment, we can start a lawsuit. A trial usually lasts between one and two days and is ruled on by either a judge or jury. If your case is settled prior to this phase it can take a few months. Your attorney might also be able to file a summary motion to dismiss. This involves asserting that all evidence is in your favour, and arguing it's impossible for the opposing side to prevail.

Filing an action

In a majority of cases involving car accidents parties can resolve their disagreement outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the party who was at fault. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint contains your claims and allegations about the accident, and explains why you are entitled to compensation. The defendant is served the Complaint and given a specified amount of time to answer.

The discovery stage is when our attorneys and the defendant begin to exchange documents and other material and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, including the circumstances under which they believe the crash occurred and what injuries you've suffered. We will also search for expert opinions to support our position.

During the process of discovery, your lawyer could make legal motions to the court for a judge's ruling on. This can include requests for the court's decision to exclude certain evidence, or to set the date for a trial. It could take a full year or more to complete the discovery process and establish the date of trial for your case. It is imperative to speak with an experienced Long Island auto accident lawyer accident attorney at the earliest possible point during the process.