The Intake Process for Car auto accident law firms Litigation

A lawyer who is specialized in car accident litigation can help you determine the strength of your case is and also how the settlement may be worth. But this is only possible with all the relevant information.

The initial step in a lawsuit involving a car accident is known as discovery. During this phase, attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

A lot of the work involved in a car crash case is collecting evidence. This could include evidence such as photographs, medical records or witness statements. The more evidence you have the better your case will be.

A police report is the first document you need. The police officer who arrives at the scene will usually write a report. This report will provide important information about the accident and the person responsible for it.

Your lawyer may also utilize a law enforcement report to gather additional evidence in the event of need. If the accident occurred in the workplace for instance an employee might have recorded video footage. If this is the case, auto accident attorney you should seek a copy from the company.

You should also record the expenses you incur due to the accident. This could include medical expenses, records of your treatment, medication receipts, rental car charges for in-home assistance, care at home expenses for transportation, and more. You should also document any income you lose due to your injury. This can include old pay stubs, as well as tax returns.

You should also try to obtain the names of witnesses. They can be valuable sources of information for your case, particularly in the event that they are able to be present at trial. However, it's important to keep in mind that witnesses may alter their story over time and could forget specific details about the incident.

Intake and Investigation

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

This will help them comprehend the severity of your injuries both in terms of future and projected costs for your emotional and physical suffering. Then, they will look at your financial losses in order to determine the worth of your case. The damages you incur could include not only your present and future medical costs but also income loss and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and analyzing the available evidence. They will also take the driver who was at fault and their driving cell phone records to see how they were using their vehicle at the time of the collision. This is especially important if the collision involved an Uber or Lyft vehicle, or any other indicator auto accident attorney that the driver was working while at work, as this could impact their ability to pay for your damages.

In addition, your attorney will likely inquire regarding the defendant's prior criminal and traffic offense history during the discovery process. These details are generally not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have the medical records, you can begin settlement negotiations. Initially, the insurance company may make an offer which is usually considerably lower than what you demand in the letter. This is an opportunity to assess the strength of your argument. In the counteroffer, it's crucial to highlight the most powerful points in your favor - for instance, that the insured was entirely at the fault and that you sustained severe injuries with significant medical expenses. Negotiating back and forth should eventually lead to an equitable and reasonable amount.

An experienced accident lawyer can effectively argue for the benefits of your claim, including presenting evidence to support your losses. This could include photographs of the damage to your car, a police report and witness testimony. We also know how to determine the value of each element of your claim, such as loss of income, suffering and pain.

If the insurance company is unwilling to pay a reasonable amount at this point, we could bring a lawsuit. A trial usually lasts between one and two days, and is conducted by a judge or a jury. If your case is settled prior to this phase it could take several months. Or, your lawyer may be capable of filing an application for summary judgment. This involves arguing that all evidence is in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In a majority of car accident cases parties are able to resolve their disputes outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver who was at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will detail your claims and allegations regarding the circumstances of the crash and why you deserve compensation. The defendant will be served the Complaint and given a specific amount of time to respond to it.

During the discovery phase, our attorneys will discuss documents and other materials with the defendant while asking questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of the events, including the circumstances under which they believe the crash happened and what injuries you've suffered. We will also look for expert opinions to support our claims.

During the discovery phase, your lawyer can file legal documents known as motions with the court to be ruled on by the judge. This may include requests for the court's decision to exclude certain evidence, or to set an appointment for trial. It can take up to one year for the investigation process to be completed and a trial date to be set. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point during the process.