The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to help you determine the worth of your case and the amount of settlement you can receive. But this is only possible with all the information needed.

Discovery is the first stage of a car accident case. During this stage attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

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

The first document you need is a police report. The police officer who arrives at the scene of an accident is likely to prepare a written report. This will provide valuable information regarding the accident as well as who was responsible.

If needed you need to, your attorney can make use of a police report to gather additional evidence. If the incident occurred at a place of business for instance an employee could have recorded video footage. If this is the case, ask for a copy of the footage from the business.

Document any expenses you incurred as a result of the accident. Document any expenses you incurred due to. These could include medical bills as well as records of your treatment, medication receipts rental car costs and in-home care or assistance as well as transportation costs. Also, you should document any income you lose due to your auto accident lawsuits. This could include old pay stubs, as well as tax returns.

If you are able to, request the names of any witnesses to the incident as well. They might be able to give valuable information, especially if are able to get them to testify in court. It's important to keep in mind that witnesses may alter their story and forget details about the incident over time.

Intake and Investigation

If you have made an insurance claim with an firm or are beginning a lawsuit against an at-fault driver, the initial intake process is crucial to getting full and fair compensation for the auto accident lawsuit injuries. Your lawyer will begin by looking over your medical records, obtaining copies of accident reports and other evidence. They will also visit and document the scene of the accident.

This information will help them know the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. Then, they will review your current and future financial losses to determine the worth 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 investigate the incident, including speaking with witnesses and analyzing all the available evidence. They will also obtain information about the driving habits and cell phones of the at-fault drivers to see how they used their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was 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 offence history as part of the discovery process. Generally, these details are not admissible in court, however they can be useful to discredit the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have the medical records, you are able to begin settlement negotiations. In the beginning, the insurance company will present an offer that's usually substantially lower than the amount you demand in the letter. This is a tactic to test how convincing your case. In the counteroffer, it is important to highlight the strongest arguments for your side - for example, the insured was at the fault, and that you suffered severe injuries with high medical costs. Eventually, bargaining back and forth should get you to an amount that is both reasonable and fair.

An experienced accident lawyer can successfully argue your claim's merits including presenting proof to support your losses. This could include photos of car damages, police reports and witness testimony. We also know how to determine the value of various components of your claim, such as lost income and pain and suffering.

If, at this point, the insurance company is still refusing to provide a reasonable amount, we can choose to make a claim in court. A trial typically 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 can take a few months. Your attorney might also be able to file a summary judgment motion. This means claiming that all evidence is in your favour, and arguing that it's impossible to allow the other side to prevail.

Filing a Lawsuit

In a majority of car accident cases, the parties can settle their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. If an agreement cannot be reached Our lawyers will initiate a lawsuit against the defendant. The Complaint contains your claims and allegations relating to the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a certain amount of time to respond.

The discovery phase is when our attorneys and the defendant begin to exchange documents and other materials and lawsuit ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, lawsuit including how they believe the crash occurred and the injuries you have suffered. We will also look for experts to back our position.

During the discovery process your lawyer can make legal motions to the court to a judge's decision on. This could include asking the judge to exclude evidence or to schedule a trial. It could take a full year or more to complete the discovery process and determine the date of trial for your case. This is why it's important to find a knowledgeable Long Island car accident attorney early on in the process.