The Intake Process for Car Accident Litigation

A lawyer with experience in the field of car accident litigation will be able to assist you determine the potential strength of your case and the amount of settlement you can get. This is only possible if all the information you require is available.

The first step in a car crash lawsuit is called discovery. In this phase, attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

Documentation is a significant aspect of the investigation in an auto accident lawsuits accident. 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 document you need is a law enforcement report. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will give valuable details about the accident and the person responsible for it.

If needed your attorney has to use an investigation report to collect additional evidence. If the incident occurred in a place of business such as a place of business, an employee may have recorded video footage. If this is the case, you should ask for a copy of the footage from the company.

Note any costs you have incurred as a result of the accident. This could include medical bills, records of your treatment, receipts from medication, rental car charges as well as in-home assistance or care expenses for transportation, and more. Additionally, you must keep track of any income loss because of your auto accident attorneys. You can use old tax returns and pay stubs.

If you can, get the names of witnesses to the incident as well. They might be able provide valuable details, especially if can convince them to give evidence in court. It is important to remember that witnesses can alter their accounts and forget details regarding the accident as time passes.

Intake and Investigation

The process of intake is crucial to receiving fair compensation for your injuries from an accident, whether you have made an insurance claim or are suing the responsible party. Your lawyer will begin by looking over your medical records, obtaining copies of accident reports, as well as other evidence. They will also go to the scene of the crash to take note of what they can.

This will help them to determine the severity of the injuries you've sustained as well as the current and projected costs for your emotional or physical suffering. Then, they'll review your financial losses in order to determine the worth of your case. Your damages can include not just your current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also gather driving and cell phone records of the driver at fault in order to determine if they were using their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was working while working, as this could impact the ability of them to pay damages.

In addition to this your attorney may inquire about the defendant's criminal and traffic-related offenses as part of the discovery process. In general, these information are not admissible in court but they can be useful to discredit the credibility of the defendant in cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you can start settlement negotiations. In the beginning the insurance company may make an offer which is usually substantially lower than the amount you requested in your letter. This is a method to assess the strength of your case. In the counteroffer, you must be important to emphasize the strongest points in your favor - for instance, that the insured was at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. Negotiating back and forth will eventually result in an equitable and reasonable amount.

A skilled attorney can successfully argue for your claim's merits, by presenting evidence to justify your losses. This may include photos of the car's damage, a police report and witness testimony. We are able to calculate various aspects of your claim, including loss of income or pain and suffering, as well as police report.

If, at this point, the insurance company continues to refuse to offer a reasonable amount, we have the option to start a lawsuit in the courtroom. A trial usually lasts between one and two days, and is judged by a judge or a jury. If your case is settled before reaching this phase it could take months. Your lawyer may also be able to file a summary motion to enter judgment. This means claiming that all evidence is in your favor, and arguing that it's impossible for the other side to win.

Filing an action

In a majority of car accident cases, the parties can resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the auto accident. If an agreement is not reached the lawyers of our firm will bring an action against the defendant. The Complaint will detail your claims and allegations about the cause of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a particular period of time to respond to it.

During the discovery phase, our lawyers will exchange documents and other evidence with the defendant while asking questions via interrogatories or depositions. Our team will pose questions to the lawyer for the defendant about their view of the events, including what injuries you have suffered and how they believe it took place. We will also solicit expert opinions that will support our stance.

During the discovery phase, your lawyer could file legal documents known as motions with the court to be decided by the judge. This could include requests for the court to block certain evidence, or to set the date for a trial. It could take a full year or more to complete the discovery process and establish the trial date for your case. This is why it's vital to partner with an experienced Long Island car accident attorney at the beginning of the process.