The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can help you determine how strong your case is and how the settlement you receive could be worth. This is only possible if all the information you require is available.

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

Documentation

A significant portion of the work involved in a car crash case is collecting evidence. This may include evidence like medical records, photos, or witness statements. Generally speaking, the more evidence you have to support your claim, the stronger your claim will be.

A law enforcement report is the first document you should have. Typically, the police officer who arrives at the scene of the accident will prepare reports, and these will give important details about what happened and who was responsible for the incident.

If required, your attorney can use an investigation report to collect additional evidence. For instance, if an incident took place in a commercial or office, an employee working at the location may have recorded video footage of the incident. If this is the case, you should seek a copy from the business.

You should also keep track of the expenses you incur as a result of the accident. These could include medical bills and records for your treatment, receipts from medication, rental car fees home care or assistance as well as transportation costs and more. It is also important to document any income lost due to your accident. This can include old pay stubs as well as tax returns.

If you are able, obtain the names of any witnesses to the auto accident attorneys as well. They may be able to provide important information, especially if can convince them to testify in court. It is important to keep in mind that witnesses are prone to altering their accounts over time, and they may forget details about the incident.

Intake and Investigation

If you've filed a claim with an insurance company or have started legal action against a negligent driver, the process of obtaining an intake is essential to receive an adequate and fair settlement for your crash injuries. Your attorney will begin by examining your medical records, and obtaining copies of accident reports and other evidence. They will also go to the scene of the accident to document and observe what they can.

This information will allow them to comprehend the severity of your injuries as well as the future and projected costs for your emotional and physical suffering. They will then review your current and future financial losses in order to estimate the value of your case. The damages you incur could include not only your present and future medical costs, but also lost income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any available evidence. They will also obtain the driver who was at fault and their driving cell phone records to see what they were doing with their vehicle at the time of the collision. This is especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working while at work, as this could affect their ability to pay your damages.

As part of the discovery procedure, your lawyer will also inquire about the defendant's criminal and traffic conviction records. These information is generally not admissible, however they can be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After you have received your medical records, it is possible to begin settlement negotiations. The insurance company may make an initial offer that is less than the amount you demanded in your letter. This is a method to test the credibility of your argument. In your counteroffer, auto accident Attorney it is crucial to highlight the most powerful points that you have in your favor. For instance, if you claim that the insurer was responsible and auto accident Attorney that there were severe injuries and the medical costs were high. Then, the back and forth negotiation will result in an amount that is both reasonable and fair.

A skilled accident lawyer can effectively argue your claim's merits including presenting proof to support your losses. This may include photos of the damage to your vehicle or a police report, as well as 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 appropriate amount at this point, we could file a lawsuit. A trial usually lasts between one and two days and is ruled on by either a judge or jury. If your case is settled before this point it could take several months. Your attorney may be capable of filing a motion for summary judge. This is where you present all the evidence in your favor and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In a majority of car accident cases parties can resolve their disagreement outside of court. Our team will work to assist you in negotiating a settlement with the insurance company or directly with the party at fault. However, if an agreement is not reached Our lawyers will file a lawsuit against the defendant. The Complaint will contain your claims and allegations relating to the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified period of time to respond to it.

The discovery phase is when our attorneys and the defendant begin to exchange documents and other materials in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, such as what they believe happened, how they believe it happened and what injuries you've suffered. We will also look for expert opinions to support our assertions.

During the discovery process, your lawyer could make legal motions to the court for a judge's ruling on. This may include requests for the court to block certain evidence or to set the date for a trial. It can take a year or more to complete the discovery process and establish the trial date for your case. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible during the process.