The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to help you determine the strength of your case and how much settlement you could get. This is only possible if all the information you need is available.

The first step in a lawsuit involving a car accident is known as discovery. During this stage, attorneys and their teams exchange documents and ask questions under oath.

Documentation

Documentation is a major part of the work in the event of a car crash. This could include evidence such photos, medical records or witness statements. In general, the more evidence you have to support your claim, the stronger your case will be.

The first document you should have is a report from the police. The police officer who arrives at the scene will usually prepare a report. It will provide important information regarding the accident as well as who was responsible.

Your lawyer can also make use of the law enforcement report to obtain additional evidence in the event of need. If the incident occurred at the business environment for instance an employee might have recorded video footage. If this is the case a copy of the tape should be requested from the business as soon as it is possible.

It is also important to document the expenses you incur in the aftermath of the auto accident lawsuit. These could include medical bills and records for your treatment, receipts for medicines rental car costs and in-home assistance or care expenses for transportation, and much more. In addition, you should record any income loss as a result of your accident. You can use tax returns and pay stubs.

If you can, get the names of witnesses to the incident as well. They may be able to give valuable details, especially if are able to have them testify in court. It is important to remember that witnesses are prone to altering their accounts over time, and forget details of the incident.

Intake and Investigation

If you've filed an insurance claim with an company or are starting legal action against a negligent driver, the process of obtaining an intake is essential to receive full and fair compensation for your crash injuries. Your attorney will begin by looking over your medical records, obtaining copies of accident reports as well as other evidence. They will also visit the site of the accident to take note of what they can.

This information will allow them to comprehend the extent of the injuries you've sustained, both in terms future and current costs for your physical or emotional suffering. Then, they will look at your financial losses in order to determine 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 investigate the incident, including interviewing witnesses and reviewing any available evidence. They will also collect the driver who was at fault and nlifelab.org their driving cell phone records to see how they used their vehicle at the time of the crash. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was at work, as this could negatively impact the ability of them to pay damages.

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

Negotiating a Settlement

Once you have the medical records then your lawyer will begin negotiations on settlement. In the beginning the insurance company will offer an offer which is usually considerably lower than what you requested in your letter. This is a way to test the strength of your argument. In the counteroffer, it is crucial to highlight the most powerful arguments you have in your favor - for example, that the insured was entirely at the fault and that you sustained severe injuries with significant medical expenses. Eventually, the back and forth negotiation will lead to an amount that is both fair and reasonable.

A skilled accident attorney can successfully argue the merits of your claim including presenting evidence to support your losses. This may include photos of the car damage or a police report, as well as witness testimony. We know how to calculate various aspects of your claim such as lost income along with pain and suffering as well as a police reports.

If the insurance company is unwilling to pay a reasonable amount at this point, we could file a lawsuit. A trial usually lasts between one and two days and is conducted by a judge or a jury. If your case settles before reaching this phase, the process can take months. Your lawyer may also be able file a summary motion to dismiss. This is a way of claiming that all evidence is in your favor, and arguing it's impossible for the opposing side to prevail.

Filing an action

In the majority of car crash cases parties can settle their dispute without the need for court. Our team will work to assist you in negotiating an agreement with the insurance company of the other driver company, or directly with the at-fault party. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint will detail your claims and allegations about how the accident occurred and the reason you should be compensated. The defendant will be served the Complaint and given a specified time frame to respond.

The discovery phase is when our attorneys and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, such as what they believe happened, how they believe it occurred and what injuries you've suffered. We will also seek out expert opinions that enforce our position.

During the discovery phase, your lawyer can make legal documents known as motions to the court for a decision by a judge. This can include requests for the court to exclude certain evidence, or to set the date for a trial. It could take a year or more to complete the discovery process and determine an appointment date for your case. This is why it's vital to partner with an experienced Long Island car accident attorney early on in the process.