The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to assist you determine the potential strength of your case and the amount of settlement you can receive. But this is only possible when you have all the necessary information.

The initial step in a car accident lawsuit is known as discovery. During this phase attorneys and their teams exchange documents and discuss questions under oath.

Documentation

A significant portion of the work that goes into a car auto accident law firms accident lawsuits (muabanthuenha.com) investigation is gathering evidence. This can include evidence like photographs, medical records or witness statements. In general, the more evidence you have to support your claim the more convincing your argument will be.

The first document you should have is a police report. The police officer who arrives at the scene will usually write a report. This will provide valuable details about the incident and who was responsible.

Your attorney can also use the report of a law enforcement officer to gather additional evidence if required. If the accident occurred in the business environment such as a place of business employees may have recorded video footage. If this is the case a copy of the tape should be requested from the business as soon as possible.

Note any costs you have incurred because of the accident. Record any costs you incur due to. This could include medical expenses and records of your treatment, Auto accident lawsuits receipts from medication rental car fees as well as in-home assistance or care as well as transportation costs. Also, you should document any income lost due to your injury. This could include old pay slips and tax returns.

If you can, get the names of witnesses to the incident as well. These people may be able to provide important information, particularly if you can get them to appear in court. It is important to keep in mind that witnesses may change their story and forget details about the incident as time passes.

Intake and Investigation

The process of intake is crucial to obtaining an adequate amount of compensation for your accident injuries, whether you have filed an insurance claim or are suing the party at fault. Your lawyer will begin by reviewing your medical records, and obtaining copies accident reports and other evidence. They will also visit the scene of the crash to take note of what they can.

This will help them to comprehend the extent of the injuries you've sustained as well as the cost and projections for your emotional or physical suffering. They will then analyze your existing and expected financial losses to determine the value of your case. Your damages can include not only your present and future medical expenses but also lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also obtain driving and cell phone records of the at-fault drivers to determine how they used their vehicle during the time. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was at work, as this could affect their ability to pay for your damages.

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

Negotiating a Settlement

After obtaining the medical records then your lawyer will begin negotiations for settlement. In the beginning, 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 test the credibility of your argument. In your counteroffer, it is crucial to highlight the most powerful points that you have to your advantage. For instance, if you claim the insurer was in the wrong and that there were serious injuries and significant medical expenses. The process of negotiating back and forth should eventually lead to an acceptable and reasonable amount.

A skilled accident attorney can successfully argue the merits of your claim, including presenting evidence to support your losses. This could include photos of the damage to your vehicle as well as a police report and witness testimony. We also know how to determine the value of various components of your claim, like lost income and pain and suffering.

If the insurance company is unwilling to pay an amount that is reasonable at the moment, we can file a lawsuit. A trial usually lasts between one and two days and is heard either by an attorney or a jury. If your case settles prior to this phase it can take a few months. Your attorney may be eligible to file an application for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of car crash cases parties can resolve their disagreement without the need for court. Our team will assist you in negotiating an agreement with the other driver's insurance company, or directly with the party at fault. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint outlines your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a specific time frame to respond to it.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will pose questions to the lawyer for the defendant about their interpretation of the events, such as what injuries you've sustained and how they believe it happened. We will also request expert opinions to support our position.

During the discovery phase, your lawyer may file legal documents known as motions with the court to be decided by a judge. This could include asking the court to block evidence or schedule a trial. It could take a full year or more to complete the process of discovery and to set a trial date for your case. This is why it's crucial to find a knowledgeable Long Island car accident attorney early in the process.