The Intake Process for Car Accident Litigation

A lawyer who has experience in car accident litigation will be able to help you determine the strength of your case and the amount of settlement you can get. This is only possible when all the information you need is available.

Discovery is the very 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 an oath.

Documentation

Documentation is a significant part of the work in an auto accident attorney. This can include evidence like photographs, medical records or witness statements. The more evidence you have, the more convincing your case will become.

The first document you should have is a police report. The police officer who arrives at the scene of an auto accident attorneys will typically prepare a report. This will provide valuable details about the accident and the person responsible for it.

If necessary your lawyer has the option of using the police report to gather additional evidence. For instance, if the incident occurred in a business or office, an employee working at the location may have recorded footage of the incident. If this is the case, you must seek a copy from the business.

You should also record the costs you have incurred due to the accident. These could include medical bills and records of your treatment, receipts for medicines rental car charges as well as in-home care or assistance expenses for transportation, and many more. In addition, you should keep track of any income loss due to your injury. You can use old tax returns and pay stubs.

You should also get the names of witnesses. They could be valuable sources of information for your case, especially if they are able to be a witness in a trial. It's important to remember that witnesses may alter their stories and forget details regarding the accident as time passes.

Intake and Investigation

If you've made a claim with an insurance firm or are beginning an action against the at-fault driver, the initial intake process is essential for obtaining an adequate and fair settlement for your injuries from a crash. Your attorney will start by reviewing your medical treatment records, obtaining copies of accident reports and other available evidence. They will also visit and document the scene of the accident.

This information will allow them to comprehend the extent of the injuries you've suffered as well as the future and current costs for your emotional or physical suffering. Then, they'll review your current and future financial losses in order to determine the value of your case. The damages you suffer could include not just future and present medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing the available evidence. They will also take driving and cell phone records of the at-fault drivers to see how they used their vehicle at that time. This is particularly important if there was a collision that involved an Uber or Lyft car or any other evidence that suggests the driver worked while on the clock.

As part of the discovery process, your lawyer will also inquire about the defendant's traffic and criminal offence records. These facts are usually not admissible, however they can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After you've obtained the medical documents after which your lawyer can start negotiations to settle the matter. In the beginning the insurance company may make an offer which is usually considerably lower than what you requested in your letter. This is an opportunity to test the strength of your argument. In your counteroffer it is crucial to emphasize the most important points you have in your favor. For instance, if you claim that the insurance company was responsible and that there were severe injuries as well as expensive medical expenses. Negotiating back and forth will eventually result in an equitable and reasonable amount.

A skilled attorney can successfully argue your claim's merits, by presenting evidence to justify your losses. This could include photos of vehicle damage, police reports and witness testimony. We have the ability to calculate various aspects of your claim such as lost income or pain and suffering, as well as police reports.

If the insurance company is unwilling to pay an acceptable amount at this point, we may bring a lawsuit. A trial usually lasts for between one and two days. It is either heard by an individual judge (called a bench trial) or by jurors. If your case is settled before reaching this stage the process could last months. Your attorney might also be able file a summary motion for judgment. This involves asserting all of the evidence in your favor and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In the majority of car crash cases parties can settle their disputes outside of court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company or directly with the person at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond.

During the discovery phase, our lawyers will discuss documents and other material with the defendant, while asking questions via interrogatories as well as depositions. Our team will pose questions to the defendant's lawyer about their interpretation of the events, such as what injuries you've sustained and how they believe it occurred. We will also seek out experts to back our claims.

During the discovery process your lawyer can make legal motions to the court for a judge to decide on. This could mean asking the court to exclude evidence or schedule a trial. It can take up an entire year for the discovery process to be completed and a trial date established. This is why it's vital to find a knowledgeable Long Island car accident attorney early in the process.