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The Intake Process for Car Accident Litigation

A lawyer who is experienced in litigation involving car accidents will be able to help you determine the strength of your case and how much settlement you could get. This is only possible if all the information you require is available.

Discovery is the very first step of a car accident case. In this phase, attorneys and their teams will exchange documents and ask questions under the oath.

Documentation

Documentation is a significant element of an accident. This can include evidence such as medical records, photos, or witness statements. The more evidence you have, the better your case will be.

A law enforcement report is the first document you should have. The police officer who arrives at the accident scene will usually prepare a report. It will provide important information about the accident and the person responsible for it.

If required your lawyer has the option of using an investigation report to collect additional evidence. If the incident occurred in the workplace, for example an employee could have recorded video footage. If this is the case, request a copy of the video from the company.

You should also keep track of the expenses you incur in the aftermath of the accident. This can include medical bills, records of your treatment, medication receipts rental car expenses for in-home assistance, care at home as well as transportation costs. In addition, you should keep track of any income loss due to your injury. This can include old pay stubs, as well as tax returns.

You should also try to find the names of witnesses. They could be important sources of information in your case, especially when they can give evidence at trial. It's important to keep in mind that witnesses could alter their stories and forget details about the incident as time passes.

Intake and Investigation

If you've filed a claim with an insurance company or are starting an action against an at-fault driver, the process of intake is essential to obtaining the full and fair amount of compensation for your crash injuries. Your lawyer will begin by looking through your medical records, and obtaining copies of accident reports and other available evidence. They will also go to and document the accident scene.

This will help them determine the extent of your injuries as well as the current and projected future costs for your emotional and physical suffering. Then, they will look at your financial losses in order to determine the value of your case. The damages could include not only future and ongoing medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing the available evidence. They will also gather the driving and cell phone records of the driver at fault in order to determine how they operated their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working while on the job, since this could negatively impact their ability to pay your damages.

In addition to this your attorney may ask questions regarding the defendant's prior criminal and traffic offense history in the discovery process. These details are generally not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After receiving the medical records, you can begin settlement negotiations. Initially, the insurance company will make an offer which is usually considerably lower than what you requested in your letter. This is a method to determine the strength of your argument. In the counteroffer, it's important to emphasize the strongest points in your favor - for example, the insured was at blame and that you were afflicted with severe injuries with high medical expenses. In the end, a lot of the back and forth negotiation should result in an amount that is reasonable and fair.

An experienced accident lawyer can successfully argue the merits of your claim, including presenting evidence that supports your losses. This could include photographs of the damage to your car as well as a police report and witness testimony. We also know how to determine the value of each element of your claim, such as lost income and suffering and pain.

If at this point the insurance company refuses to provide a reasonable amount, we can choose to make a claim in court. A trial typically lasts between one and two days, and is ruled on by either a judge or jury. If your case is settled prior to reaching this phase the process could last months. Your attorney may be capable of filing a motion for summary judgement. This involves asserting that all evidence is in your favor, and arguing that it's impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car accident cases the parties can resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the auto accident law firms or directly with the person who was at fault. If an agreement cannot be reached, our lawyers will bring an action against the defendant. The Complaint outlines your claims and allegations about the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular timeframe to respond to it.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will inquire to the defendant's lawyer about their view of the events, including what injuries you have suffered and how they believe it occurred. We will also seek expert opinions to support our position.

During the discovery phase, your lawyer may make legal motions to the court for a judge's ruling on. This can include requesting the court to block evidence or to schedule a trial. It can take up one year for the investigation process to be completed and a trial date established. It is essential to speak with an experienced Long Island auto accident law firms accident attorney as early as you can during the process.