The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to assist you determine the strengths of your case as well as the amount of settlement you can get. This is only possible when all the information you need is available.

The initial step in a car crash lawsuit is called discovery. During this phase attorneys and their teams communicate with each other and ask questions under oath.

Documentation

A lot of the work involved in a car accident investigation is gathering evidence. This could be evidence like medical records, photos or witness statements. Generally, the more documentation you have to support your claim, the more convincing your case will be.

The first piece of evidence you should have is a law enforcement report. Typically the police officer that arrives at the scene of the crash will prepare a report, and this will provide crucial information on what happened and who was responsible for the incident.

If necessary your attorney has to use an investigation report to collect additional evidence. If the incident occurred at an office, for example, an employee may have recorded video footage. If this is the case, you must request a copy from the business.

You should also keep track of any expenses you incurred in the aftermath of the accident. This could include medical bills as well as records of your treatment, receipts from medications rental car fees, in-home assistance or care, transportation costs and more. Additionally, you must document any lost income because of your injury. You can use old tax returns and pay stubs.

It is also advisable to obtain the names of witnesses. These witnesses can be valuable sources of information for your case, especially those who are able to be a witness in a trial. However, it is important to remember that witnesses can alter their testimony over time and forget details of the accident.

Intake and Investigation

The intake process is critical to obtaining fair compensation for your accident injuries, whether you have filed an insurance claim or are suing the at-fault party. Your lawyer will begin by examining your medical records, as well as obtaining copies of auto accident reports as well as other evidence. They will also visit the scene of the crash to document and observe what they can.

This information will allow them to understand the extent of the injuries you've suffered, both in terms actual and projected costs for your emotional or physical suffering. They will also review your financial losses to determine the value of your case. The damages could comprise not only your current and future medical costs, but also lost income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing all the available evidence. They will also collect the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the collision. This is particularly important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working, as this could impact their ability to pay for your damages.

As part of the process of discovery as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal offence records. Generally speaking, these facts are not admissible in court, but they can be useful to impeach the defendant's credibility in cross-examination.

The process of negotiating a settlement

After obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company is likely to make an initial offer that is much less than what you demanded in your letter. This is a strategy to see how strong your case is. In the counteroffer, it's important to highlight the strongest arguments you have in your favor - for instance, that the insured was entirely at fault and that you suffered serious injuries that resulted in high medical expenses. Eventually, bargaining back and forth should get you to an amount that is both reasonable and fair.

A skilled accident lawyer can effectively argue for your claim's merits, by presenting evidence to justify your losses. This could include photographs of the damage to your vehicle or a police report, as well as witness testimony. We know how to calculate the various components of your claim such as lost income as well as pain and suffering, and police report.

If, at this point, the insurance company is still refusing to offer a fair amount, we may choose to file a lawsuit in court. A trial usually lasts for between one and two days. It is either heard by an individual judge (called a bench trial) or a jury. If your case is settled prior to reaching this phase the process could take months. Your attorney might also be able to file a summary judgment motion. This is a way of claiming that all evidence is in your favor, and arguing it's impossible for the opposition to win.

Filing an action

In a majority of cases involving car accidents, the parties can resolve their disputes outside of court. Our team will assist you in negotiating an agreement with the other driver's insurance company, or directly with the party at fault. However, if an agreement cannot be reached our lawyers will initiate an action against the defendant. The Complaint outlines your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served with the Complaint, and given a specified amount of time to answer.

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 ask the attorney for the defendant questions regarding their interpretation of the events, such as the circumstances under which they believe the crash occurred and the injuries you've sustained. We will also look for expert opinions to support our claims.

During the process of discovery, your lawyer may submit legal documents, also known as motions to the court to a judge's decision on. This can include requesting the court to exclude evidence or set a trial date. It can take a whole year or more to complete the discovery process and establish a trial date for your case. It's crucial to consult with an experienced Long Island auto accident attorney early in the process.