The Intake Process for Car Accident Litigation

A lawyer with expertise in car accident litigation can assist you in determining how strong your case is, and how the settlement may be worth. But this is only possible with all the necessary information.

Discovery is the first step of an auto accident law firms accident case. In this stage, attorneys and their teams exchange documents and ask questions under the oath.

Documentation

Documentation is a major aspect of the investigation in an accident. This can include evidence like photographs, medical records, or witness statements. The more evidence you have the more convincing your case will become.

The first document that you must have is a report from the police. The police officer who arrives at the accident scene will typically prepare a report. This will provide valuable details about the accident and the person responsible for it.

If required your attorney has to use the police report to gather additional evidence. For instance, if the incident occurred at a company or office, an employee working at the location might have recorded video footage of the incident. If this is the situation, a copy of the tape should be requested from the business as soon as it is possible.

Note any costs you have incurred because of the accident. Document any expenses you incurred due to. These could include medical bills and records of your treatment, receipts for medication rental car expenses, in-home assistance or care transport costs, and many more. You should also document any income lost due to your injury. You can use tax returns and pay stubs.

If you are able, obtain the names of witnesses to the incident as well. They may be able provide valuable information, especially if are able to get them to appear in court. However, it's important to keep in mind that witnesses can change their stories over time and they may forget details about the incident.

Intake and Investigation

The process of intake is crucial in obtaining fair compensation for your injuries from an accident, whether you have submitted an insurance claim or are suing the at-fault party. Your attorney will start by looking through your medical documents, as well as copies of accident reports and other evidence. They will also go to and document the scene of the accident.

This will allow them to determine the severity of the injuries you've sustained in terms of actual and projected costs for your physical or emotional suffering. They will then review your current and future financial losses to determine the value of your case. The damages you suffer could include not only future and ongoing medical expenses, but also your lost income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing all the available evidence. They will also gather the driver who was at fault and their driving phone records to determine how they used their vehicle at the time of the accident. This is particularly important if there was a collision involving an Uber or Lyft vehicle or any other evidence that suggests the driver worked while on the clock.

In addition to this your attorney may inquire about the defendant's criminal and traffic offence history as part of the discovery process. These details are generally not admissible, however they can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

Once you have the medical records, your lawyer can begin negotiations on settlement. Initially, the insurance company may make an offer that's usually significantly lower than the amount you demand in the letter. This is a method to see how strong your case is. In your counteroffer, it's important to highlight the strongest arguments you have to your advantage. For example, the insurer was responsible and that there were severe injuries as well as high medical costs. Then, back and forth bargaining should result in an amount that is fair and reasonable.

A skilled attorney can effectively argue for your claim's merits, by presenting evidence to justify your losses. This could include photos of vehicle damage, police reports, and witness testimony. We are able to calculate various elements of your claim such as loss of income or pain and suffering, as well as police reports.

If at this point the insurance company refuses to offer a fair amount, we can choose to start a lawsuit in the courtroom. A trial usually lasts between one and two days and is conducted by either a judge or jury. If your case is settled before reaching this phase the process could take months. In addition, your attorney might be eligible to file a motion for summary judgment. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the opposing side to win.

Filing a Lawsuit

In the majority of cases involving car accidents the parties can resolve their disputes outside of court. Our team will assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the person at fault. If there is no agreement Our lawyers will initiate a lawsuit against the defendant. The Complaint will include your claims and allegations regarding how the accident occurred and auto accident attorney the reasons you are entitled to compensation. The defendant will be served the Complaint and given a particular period of time to respond.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their perspective on the events, including the injuries you've suffered and how they believe it happened. We will also seek experts to back our claims.

During the discovery process, your lawyer may make legal motions to the court for a judge to rule on. These could include requests to the court to exclude certain evidence, or to set the date for a trial. It could take a full year or more to complete the discovery process and set the trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney as early as possible in the process.