The Intake Process for Car Accident Litigation

A lawyer who has experience in car accident litigation will be able to help you determine the potential strength of your case and the amount of settlement you can get. But it is only possible with all the information needed.

Discovery is the first step of an auto accident law Firms accident case. In this phase, attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

The majority of the work involved in a car wreck investigation is gathering evidence. This could be evidence like photographs, medical records, or witness statements. In general, the more evidence you have to back your claim the more convincing your case will be.

The first piece of evidence you should have is a report from the police. Typically, the police officer who comes to the scene of the accident will draft reports, and these will give important details about the circumstances of the crash and who was responsible for the incident.

If necessary your lawyer has the option of using a police report to gather additional evidence. For instance, if the incident took place in a commercial, an employee at that location may have recorded footage of the incident. If this is the case a copy of the tape must be requested from the company as soon as possible.

You should also document the expenses you incur due to the accident. This could include medical bills or records of treatment, medication receipts rental car costs as well as in-home assistance or care as well as transportation costs. Also, you should document the loss of income due to your accident. This could include old pay slips and tax returns.

You should also try to get the names of witnesses. They could be important sources of information in your case, particularly in the event that they are able to give evidence at trial. However, it's important to keep in mind that witnesses may alter their accounts over time, and may forget details of the incident.

Intake and Investigation

The process of intake is crucial to obtaining fair compensation for your accident injuries, whether you have made an insurance claim or you are suing the person at fault. Your attorney will begin by looking over your medical records and then obtaining copies of accident reports and other evidence. They will also visit the scene of the crash to take note of what they can.

This will allow them to assess the severity of the injuries you've suffered in relation to current and projected costs for your physical or emotional suffering. They will then review your financial losses to estimate the value of your case. The damages you incur could comprise not only your current and future medical costs but also lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also obtain the driver at fault's driving and phone records to determine how they used their vehicle at the time of the collision. This is particularly important when there was a collision with an Uber or Lyft car or any other evidence that suggests the driver worked while on the clock.

In addition your attorney may inquire regarding the defendant's prior criminal and traffic offense history during the discovery process. Generally speaking, these facts are not admissible in court but they could be helpful to undermine the credibility of a defendant in cross-examination.

Negotiating a Settlement

After obtaining the medical records, your lawyer can begin negotiations on settlement. The insurance company may make an initial offer that is smaller than the amount that you requested in your letter. This is a strategy to test how convincing your argument is. In the counteroffer it is crucial to highlight the most powerful arguments you have in your favor - for instance, that the insured was completely at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. Then, back and forth bargaining should result in an amount that is reasonable and fair.

A skilled accident lawyer can successfully argue for your claim's merits, including presenting evidence to back your losses. This could include photographs of the car damage as well as a police report and witness testimony. We also know how to determine the value of different elements of your claim, including lost income and pain and suffering.

If, at this point, the insurance company continues to refuse to offer a fair amount, we may choose to start a lawsuit in the courtroom. A trial usually lasts between one and two days, and is ruled on by a judge or a jury. If your case settles before reaching this phase, the process can take months. Your attorney may be in a position to file a motion for summary judge. This is where you present all the evidence in your favor and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In the majority of cases involving car auto accidents parties are able to resolve their disputes outside of court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company, Auto Accident law firms or directly with the party at fault. However, if an agreement cannot be reached our lawyers will file a lawsuit against the defendant. The Complaint will include your claims and allegations regarding the circumstances of the crash and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a certain time frame to respond.

During the discovery phase, our lawyers will discuss documents and other information with the defendant and ask questions via interrogatories and depositions. Our team will inquire to the lawyer of the defendant regarding their version of the events, such as what injuries you've sustained and what they believe happened. happened. We will also seek expert opinions that support our position.

During the discovery phase, your lawyer may file legal documents known as motions with the court to be ruled on by the judge. These could include requests to the court to omit certain evidence, or to set an appointment for trial. It can take as long as one year for the investigation process to be completed and a trial date scheduled. It's crucial to consult with an experienced Long Island auto accident lawyers accident attorney at the earliest possible point in the process.