The Intake Process for Car Accident Litigation

A lawyer who specializes in car accident litigation can help you determine the strength of your case is and also how the settlement may be worth. But it is only possible when you have all the information needed.

The initial step in a car accident lawsuit is called discovery. During this stage attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is a large aspect of the investigation in an auto accident lawsuits accident. This could include evidence like photographs, medical records or witness statements. The more documentation that you have, the more convincing your case will be.

The first piece of evidence you should have is a law enforcement report. The police officer who arrives at the scene of an accident will usually write a report. It will give valuable details about the accident and the person responsible for it.

If required, your attorney can use an investigation report to collect additional evidence. If the accident happened in an office such as a place of business, an employee may have recorded video footage. If this is the case, ask for a copy of the footage from the business.

Note any costs you have incurred due to the accident. Document all expenses you have incurred as a result of. These could include medical bills, records of your treatment, receipts from medication, rental car charges as well as in-home assistance or care, transportation costs and more. In addition, you should note any income loss as a result of your accident. This could include old pay stubs and tax returns.

You should also try to find the names of witnesses. These people may be able to provide important information, especially if can convince them to appear in court. It is important to remember that witnesses can alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

If you've filed a claim with an insurance company or are preparing an action against the at-fault driver, the process of obtaining an intake is crucial to getting full and fair compensation for the accident injuries. Your lawyer will begin by looking over your medical treatment documents, auto accident and then obtaining copies auto accident lawsuit reports, and other evidence. They will also go to and document the accident scene.

This information will enable them to understand the extent of the harm you've suffered in relation to current and projected costs for your emotional or physical suffering. They will then look over your financial losses to estimate the value of your case. The damages you incur could include not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing all available evidence. They will also take information about the driving habits and cell phones of the at-fault drivers to determine how they used their vehicle at the time. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle or any other indication that the driver was working around the clock.

As part of the discovery procedure Your lawyer will inquire about the defendant's criminal and traffic conviction records. These details are typically not admissible, but can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

After you have received your medical records, you can begin negotiations for settlement. Initially the insurance company will make an offer that is often considerably lower than what you have requested in the letter. This is a method to test the strength of your argument. In the counteroffer, it is important to emphasize the strongest arguments you have in your favor - for example, the insured was at fault and that you suffered severe injuries with high medical costs. Negotiating back and forth should eventually result in a fair and reasonable amount.

An experienced attorney will effectively argue the merits of your case, including presenting evidence that supports your losses. This could include photos of vehicle damage, police reports or witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, pain and suffering.

At this point, if the insurance company refuses to offer a fair amount, we have the option to make a claim in court. A trial usually lasts for one or two days and can be heard by a judge (called a bench trial) or jurors. If your case is settled before reaching this stage the process could last months. Or, your lawyer may be capable of filing a motion for summary judge. This is a way of claiming that all evidence is in your favour, and arguing that it's impossible for the opposing side to win.

Filing a Lawsuit

In the majority of car crash instances, parties can resolve their disagreement outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party who is at fault. However, if there is no agreement, our lawyers will initiate an action against the defendant. The Complaint will detail your claims and allegations regarding the cause of the crash and the reason you should be compensated. The defendant will be served with the Complaint and given a specified time frame to respond.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other material and ask questions via interrogatories or depositions. Our team will pose questions to the lawyer of the defendant regarding their perspective on the events, such as what injuries you've suffered and the way they believe it took place. We will also search for expert opinions to support our assertions.

During the discovery phase, your lawyer may prepare legal documents referred to as motions with the court for the decision of a judge. This may include requesting the court to omit evidence or to schedule a trial. It can take a year or more to complete the discovery process and auto accident set a trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.