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The Intake Process for Car Accident Litigation

A lawyer with expertise in litigation involving car accidents can assist you in determining how strong your case is, and how much your settlement could be worth. But this is only feasible if you have all the relevant information.

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

Documentation

Documentation is a significant aspect of the investigation in an accident. This may include evidence such as photographs, medical records, or witness statements. In general, the more evidence you have to support your claim the stronger your case will be.

A law enforcement report is the first piece of paper you need. Typically, the police officer who arrives at the scene of the accident will prepare an investigation report. This will contain important information about what happened and who was responsible for the incident.

Your lawyer can also make use of an official report from law enforcement to obtain additional evidence in the event of need. If the accident happened in the business environment such as a place of business an employee could have recorded video footage. If this is the case, a copy of the tape should be requested from the company as soon as possible.

You should also record any expenses you incurred as a result of the accident. This can include medical bills, records of your treatment, receipts from medications, rental car charges and in-home care or assistance transport costs, and many more. In addition, you should document any lost income because of your injury. You can use tax returns and pay stubs.

If you can, collect the names of any witnesses to the incident as well. These people can serve as valuable sources of information for your case, particularly those who are able to be a witness in a trial. It is important to keep in mind that witnesses may alter their accounts and forget details about the incident over time.

Intake and Investigation

The intake process is critical to receiving an adequate amount of compensation for your injuries from an accident, whether you have filed a claim with an insurance company or are suing the responsible party. Your attorney will start by reviewing your medical documents, as well as copies of accident reports and other evidence. They will also visit the site of the accident to record and observe what they can.

This information will allow them to understand the extent of the injuries you've suffered as well as the current and projected costs for your physical or emotional suffering. They will then look over your financial losses to determine the value of your case. The damages could not be limited to just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any evidence. They will also obtain data from the cell phone and driving records of the driver at fault in order to determine how they operated their vehicle at that time. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was working, as this could affect the ability of them to pay damages.

In addition to this, your attorney will likely ask questions about the defendant's past criminal and traffic offense history as part of the discovery process. These facts are usually not admissible, but can be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents, your lawyer can begin negotiations for settlement. Initially, the insurance company will present an offer that is often much lower than what you request in the letter. This is an opportunity to determine the strength of your argument. In the counteroffer it is important to emphasize the strongest arguments you have in your favor - for instance, that the insured was entirely at the fault and that you sustained serious injuries that resulted in the highest medical costs. In the end, the back and forth negotiation should result in an amount that is fair and reasonable.

An experienced attorney will effectively argue the merits of your case, by presenting evidence to prove your losses. This may include photos of the car's damage along with a police report as well as witness testimony. We have the ability to calculate various elements of your claim, including lost income, pain and suffering and police report.

If, at this point, the insurance company refuses to provide a reasonable amount, we have the option to bring a lawsuit to court. A trial usually lasts between one and two days and is ruled on by jurors or a judge. If your case is settled prior to this stage it could take several months. Alternatively, your attorney may be capable of filing a motion for summary judge. This involves arguing that all evidence is in your favour, and arguing that it is impossible for the opposing side to prevail.

Filing an action

In the majority of car accident cases parties can settle their disputes without the need for court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company or directly with the at-fault party. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint will outline your claims and details about how the crash occurred and why you deserve compensation. The defendant is served the Complaint and given a set amount of time to answer.

During the discovery phase, our lawyers will share documents and other material with the defendant while asking questions via interrogatories and depositions. Our team will inquire to the defendant's lawyer about their view of the events, focusing on what injuries you have suffered and how they believe it happened. We will also search for expert opinions to support our assertions.

During the discovery phase, your lawyer could submit legal documents, also known as motions in court to be ruled on by an individual judge. These could include requests to the court to omit certain evidence or to schedule the date for a trial. It could take up to one year for the discovery process to be completed and a trial date scheduled. It is essential to speak with an experienced Long Island auto accident lawsuits accident attorney as early as possible in the process.