The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to help you determine the strengths of your case as well as what settlement amount you might get. This is only possible if all the information you require is available.

Discovery is the very first step of a car auto accident law firms case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

A large portion of the work involved in a car crash case is collecting evidence. This could include evidence such as photographs, medical records or witness statements. Generally, the more documentation you have to support your claim the more convincing your case will be.

A law enforcement report is the very first document you should have. The police officer who arrives at the scene will usually write a report. It will give valuable details about the accident and who was responsible.

Your attorney may also make use of the law enforcement report to pursue additional evidence in the event of need. For instance, if an incident occurred in a business or office, an employee working at the area may have recorded footage of the incident. If this is the case, you must seek a copy from the business.

You should also document the costs you have incurred in the aftermath of the accident. This can include medical bills as well as records of your treatment, medication receipts, rental car charges, in-home assistance or care as well as transportation costs. Additionally, you must document any lost income due to your auto accident law firms. You can utilize old tax returns and pay stubs.

You should also try to find the names of witnesses. These people may be able to provide important information, particularly if you are able to get them to appear in court. It is important to remember that witnesses can change their story over time and could forget specific details about the incident.

Intake and Investigation

If you have filed a claim with an insurance firm or are beginning legal action against a negligent driver, the initial intake process is essential to obtaining an adequate and fair settlement for the accident injuries. Your lawyer will begin by looking over your medical treatment records, obtaining copies of accident reports as well as other evidence. They will also visit the site of the accident to document and observe what they can.

This information will enable them to comprehend the extent of injuries you have suffered in terms of current and projected costs for your emotional or physical suffering. They will then review your financial losses to determine the total value of your case. The damages could not be limited to only current and future medical expenses, but also loss of income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and reviewing any available evidence. They will also obtain information about the driving habits and cell phones of the drivers who were at fault to determine if they were using their vehicle during the time. This is particularly important when there was a collision involving an Uber or Lyft car or any other evidence that suggests the driver was working on the clock.

As part of the discovery procedure the lawyer will inquire about the defendant's criminal and traffic offense records. These details are generally not admissible in court, but they could be helpful to impeach the defendant's credibility during cross examination.

Negotiating a Settlement

Once you have the medical records, your lawyer can begin negotiations for settlement. In the beginning, the insurance company may make an offer that is usually significantly lower than the amount you demand in the letter. This is an opportunity to test the credibility of your argument. In the counteroffer it is crucial to highlight the most powerful points in your favor - for instance, that the insured was completely at the fault, Auto Accident and that you suffered serious injuries that resulted in high medical expenses. The process of negotiating back and forth should eventually lead to an equitable and reasonable amount.

An experienced attorney can successfully argue the benefits of your claim, by presenting evidence to prove your losses. This could include photos of vehicle damages, police reports and witness testimony. We also know how to calculate the value of each element of your claim, like lost income and pain and suffering.

If the insurance company refuses to pay an acceptable amount at the moment, we can make a claim. A trial usually lasts between one and two days and is heard either by an attorney or a jury. If your case is settled prior to reaching this stage the process could take months. Your attorney may also be able to file a summary motion to dismiss. This is where you present all the evidence in your favor and arguing that it's impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of cases involving car accidents the parties are able to settle their dispute out of court. Our team will work to assist you in negotiating a settlement with the insurance company, or directly with the at-fault party. If no agreement is reached, our attorneys will file a suit against the defendant. The complaint contains your claims and allegations regarding the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specific period of time to respond.

During the discovery phase, our attorneys will share documents and other information with the defendant and ask questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions about their version of events, including how they believe the crash took place and what injuries you've sustained. We will also seek out expert opinions to support our position.

During the discovery phase, your lawyer can submit legal documents, also known as motions in court to be ruled on by an individual judge. This could include asking the court to block evidence or schedule a trial. It can take a year or more to complete the discovery process and establish the trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.