The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases will be able to assist you determine the strength of your case and the amount of settlement you could get. However it is only possible when you have all the relevant information.

The initial step in a car accident lawsuit is known as discovery. During this stage, attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

A large portion of the work involved in a car accident case is collecting evidence. This could include evidence such as photographs, medical records or witness statements. The more evidence you have, the more convincing your case will become.

The first piece of evidence you should have is a report from the police. The police officer who arrives at the scene is likely to prepare a written report. This report will provide important details about the accident and the person responsible for it.

Your attorney may also make use of the law enforcement report to pursue additional evidence if necessary. If the accident happened in the workplace such as a place of business an employee could have recorded video footage. If that's the case, a copy of the tape must be requested from the business as quickly as is possible.

You should also keep track of the expenses you incur in the aftermath of the accident. These could include medical bills and records of your treatment, receipts for medications rental car expenses as well as in-home care or assistance transport costs, and much more. Additionally, you must note any income loss due to your injury. You can use old tax returns and pay stubs.

If you can, get the names of any witnesses to the incident as well. They may be able to provide valuable information, particularly if you are able to have them be a witness in court. It's important to remember that witnesses may alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

The intake process is essential in obtaining an adequate amount of settlement for your accident-related injuries, whether you have submitted an insurance claim or you are suing the person at fault. Your attorney will start by reviewing your medical documents, as well as copies of accident reports and other available evidence. They will also go to and document the scene of the accident.

This will help them know the extent of your injuries in relation to future and current costs for your emotional and physical suffering. Then, they'll review your financial losses to determine the worth of your case. Your damages can include not only your current and future medical costs but also income loss and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing the available evidence. They will also obtain the driver who was at fault and their driving cell phone records to see how they were using their vehicle at the time of the accident. This is especially important if there was a collision that involved an Uber or Lyft car, or any other indication that the driver worked while on the clock.

As part of the discovery procedure the lawyer will inquire 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 in cross-examination.

Negotiating a Settlement

After obtaining the medical records after which your lawyer can start negotiations for settlement. In the beginning the insurance company will present an offer that is often much lower than what you demand in the letter. This is a tactic to see how strong your case. In your counteroffer it is crucial to emphasize the most important points that you have to your advantage. For instance, you could argue the insurer was at fault and that there were severe injuries and high medical costs. In the end, back and forth bargaining should result in an amount that is reasonable and fair.

A skilled attorney for accidents can successfully argue the merits of your claim including presenting evidence to support your losses. This could include photos of the car damage along with a police report as well as witness testimony. We also know how to determine the value of different elements of your claim, including loss of income, suffering and pain.

At this point, if the insurance company continues to refuse to provide a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial usually lasts for up to two days and is supervised by an individual judge (called a bench trial) or jurors. If your case is settled prior to reaching this phase, the process can take months. Your attorney may be eligible to file a motion for summary judge. This involves arguing that all evidence is in your favor and arguing that it is impossible for the opponent to win.

Filing a Lawsuit

In a majority of cases involving car accidents, the parties are able to settle their disputes outside of court. Our team will help you negotiate an agreement with the other driver's insurance company or directly with the at-fault party. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint contains your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a particular period of time to respond.

During the discovery phase, our lawyers will share documents and other information with the defendant while asking questions via interrogatories and depositions. Our team will ask questions to the lawyer of the defendant regarding their version of the events, including the injuries you have suffered and how they believe it occurred. We will also look for experts to back our position.

During the discovery process, your lawyer could file legal documents called 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 an appointment for trial. It can take as long as one 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 Lawsuits auto accident attorneys attorney as early as possible in the process.