The Intake Process for Car Accident Litigation

An experienced lawyer in litigation involving car accidents will be able to assist you determine the potential strength of your case and how much settlement you could receive. But this is only possible if you have all the necessary information.

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

Documentation

A significant portion of the work that goes into a car accident investigation is gathering evidence. This could include evidence like photographs, medical records, or witness statements. The more documentation that you have the better your case will be.

A police report is the first piece of paper you need. The police officer who arrives at the scene of an accident will usually write a report. This will provide valuable details about the accident and who was responsible.

If necessary, your attorney can use the police report to gather additional evidence. For instance, if an accident happened in a business where employees were present, the location 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 is possible.

Keep track of any expenses you incur in the aftermath of the accident. These could include medical bills as well as records of your treatment, medication receipts rental car expenses for in-home assistance, care at home as well as transportation costs. It is important to record any income you lose due to your injury. This could include old pay stubs and tax returns.

It is also advisable to get the names of witnesses. They might be able to provide valuable information, particularly if you can convince them to testify in court. However, it is important to keep in mind that witnesses can change their accounts over time, and may forget details of the auto accident attorneys.

Intake and Investigation

The process of intake is vital to receiving an adequate amount of compensation for your injuries sustained in an accident, whether you have filed an insurance claim or are suing the responsible party. Your lawyer will begin by examining your medical records, obtaining copies of accident reports as well as other evidence. They will also go to the scene of the accident to document and observe what they can.

This information will help them understand the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to determine the value of your case. Your damages may include not only future and current medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and reviewing any available evidence. They will also collect the driver at fault's driving and cell phone records to see how they were using their vehicle at the time of the crash. This is especially important if there was a collision with an Uber or Lyft car, or any other evidence that suggests the driver worked while on the clock.

As part of the discovery procedure the lawyer will ask about the defendant's traffic and criminal offense records. These facts are usually not admissible but could be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents then your lawyer will begin negotiations for settlement. In the beginning, the insurance company will make an offer that is usually considerably lower than what you request in the letter. This is a way to assess the strength of your case. When you counteroffer, it's crucial to emphasize the most important points that you have to your advantage. For example, the insurer was responsible and that there were serious injuries and expensive medical expenses. Negotiating back and forth could eventually result in an acceptable and reasonable amount.

An experienced accident lawyer can effectively argue the merits of your claim by presenting evidence to prove your losses. This could include photos of the car damage, police reports and witness testimony. We also know how to determine the value of various components of your claim, such as loss of income, pain and suffering.

If at this point the insurance company is still refusing to offer a reasonable amount, we have the option to start a lawsuit in the courtroom. A trial typically lasts up to two days and is either heard by an individual judge (called a bench trial) or Auto Accident Lawsuits a jury. If your case settles before reaching this phase the process could take months. Your lawyer may also be able file a summary motion to dismiss. This is a way of claiming that all evidence is in your favor, and arguing that it is impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of cases involving car auto accidents, the parties are able to settle their dispute out of court. Our team will work to assist you in negotiating an agreement with the insurance company or directly with the at-fault party. However, if there is no agreement the lawyers of our firm 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 specific time frame to respond.

During the discovery phase, our lawyers will discuss documents and other materials with the defendant while asking questions via interrogatories and depositions. Our team will be asking questions to the lawyer of the defendant regarding their view of the events, including the injuries you've sustained and what they believe happened. occurred. We will also solicit expert opinions to support our position.

During the discovery phase, your lawyer can file legal documents known as motions to the court to be decided by the judge. This may include requests for the court to block certain evidence or set the date for a trial. It can take as long as 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 Lawsuits accident attorney as early as you can during the process.