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The Intake Process for Car Accident Litigation

A lawyer who is experienced in car accident litigation can help you determine the strength of your case and how much settlement you could get. However this is only feasible with all the relevant information.

Discovery is the initial step of an Auto accident Law firms accident case. During this phase attorneys and their teams discuss documents and answer questions under oath.

Documentation

A large portion of the work involved in a car accident case is obtaining documentation. This could include evidence such as photos, auto accident law firms medical records, or witness statements. Generally, the more documentation you have to support your claim the stronger your claim will be.

The first piece of documentation you need is a police report. The police officer who arrives at the scene of the accident will usually prepare a report. It will provide important information about the accident and the person responsible for it.

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

Document any expenses you incurred because of the accident. Record any costs you incur due to. This can include medical bills and records of your treatment, receipts from medication rental car charges as well as in-home care or assistance expenses for transportation, and much more. It is also important to document any income you lose due to your injury. This could include old pay slips and tax returns.

You should also try to obtain the names of witnesses. They may be able to provide valuable details, especially if can get them to testify in court. It is important to keep in mind that witnesses may alter their stories over time and they may forget details about the incident.

Intake and Investigation

Whether you have filed an insurance claim with an company or are preparing an action against the at-fault driver, the process of intake is crucial to getting full and fair compensation for your injuries from a crash. Your lawyer will begin by looking over your medical treatment documents, as well as copies of accident reports and other available evidence. They will also go to and Auto accident Lawsuit document the scene of the accident.

This will allow them to assess the severity of the injuries you've sustained in terms of actual and projected costs for your emotional or physical suffering. Then, they will review your current and future financial losses in order to determine the value of your case. The damages could include not just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence. They will also take information about the driving habits and cell phones of the drivers who were at fault to see how they used their vehicle during the time. This is especially important if there was a collision involving an Uber or Lyft car, or any other indication that the driver was working around the clock.

In addition the lawyer may ask questions about the defendant's previous criminal and traffic convictions during the discovery process. These details are generally not admissible in court, however they could be helpful to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have the medical records then your lawyer will begin negotiations on settlement. The insurance company may make an initial offer that is less than what you requested in your letter. This is a way to test the credibility of your argument. In the counteroffer it is important to highlight the strongest points in your favor - for example, that the insured was entirely at the fault and that you sustained serious injuries that resulted in high medical costs. Eventually, the back and forth negotiation should result in an amount that is fair and reasonable.

An experienced accident lawyer will effectively argue the merits of your case, including presenting evidence that supports your losses. This may include photos of the damage to your vehicle as well as a police report and witness testimony. We also know how to calculate the value of various components of your claim, like loss of income, suffering and pain.

If the insurance company refuses to pay a reasonable amount at this point, we can make a claim. A trial usually lasts for between one and two days. It can be heard by a judge (called a bench trial) or jurors. If your case is settled prior to this stage it could take a few months. Or, your lawyer may be eligible 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 a majority of car accident cases the parties are able to resolve their disputes outside of court. Our team can help you negotiate with the insurance company of the other driver or directly with the person responsible for the accident. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations about the accident and why you are entitled to compensation. The defendant is served the Complaint and given a set amount of time to answer.

The discovery stage is when our attorneys and the defendant begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will inquire to the lawyer representing the defendant about their interpretation of the events, including what injuries you've sustained and how they believe it occurred. We will also search for experts to back our assertions.

During the process of discovery, your lawyer may file legal documents called motions to the court for a judge to decide on. This may include requesting the court to block evidence or set a trial date. It can take a whole year or more to complete the process of discovery and to set a trial date for your case. This is why it's crucial to work with an experienced Long Island car accident attorney early on in the process.