The Intake Process for Car Accident Litigation

A lawyer who has experience in defending car accident cases will be able to help you determine the potential strength of your case and how much settlement you could get. This is only possible if all the information you require is available.

Discovery is the initial step of an auto accident lawsuits accident case. In this phase, attorneys and their teams communicate with each other and ask questions under oath.

Documentation

Documentation is a significant part of the work in a car accident. This can include evidence such as photos, medical records, or witness statements. In general, the more evidence you have to support your claim, the more convincing your claim will be.

The first document that you must have is a report from the police. Typically the police officer that arrives at the scene of the crash will prepare the report, and it will provide important information about how the auto accident lawsuits occurred and who was responsible for the incident.

Your lawyer can also make use of the report of a law enforcement officer to obtain additional evidence, if needed. For instance, if an incident took place in a commercial where employees were present, the location may have recorded footage of the incident. If this is the case, seek a copy from the company.

It is also important to document the costs you have incurred due to the accident. This can include medical bills and records of your treatment, receipts for medicines rental car costs and in-home assistance or care as well as transportation costs and many more. In addition, you should document any lost income because of your injury. This could include old pay stubs, as well as tax returns.

If you can, collect the names of witnesses to the accident as well. They might be able to provide valuable details, especially if can get them to appear in court. It's important to keep in mind that witnesses may change their stories and forget details about the accident over time.

Intake and Investigation

If you have filed an insurance firm or are beginning legal action against a negligent driver, the process of obtaining an intake is crucial to getting the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will start by reviewing your medical treatment 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 comprehend the extent of the harm you've suffered in terms of current and projected costs for your physical or emotional suffering. Then, they'll review your financial losses to estimate the value of your case. The damages you suffer could include not only future and current medical expenses, but also loss of income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all the available evidence. They will also take the driver who was at fault and their driving phone records to determine the way 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 sign that the driver was working, as this could negatively impact their ability to pay for your damages.

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

Negotiating a Settlement

Once you have received the medical records, you are able to begin settlement negotiations. Initially, the insurance company will make an offer that is often significantly lower than the amount you requested in your letter. This is a method to assess how strong your argument is. In the counteroffer, you must be important to highlight the strongest arguments in your favor, for instance, that the insured was entirely at the fault, and that you suffered serious injuries that resulted in the highest medical costs. Eventually, back and forth bargaining should result in an amount that is both reasonable and fair.

An experienced attorney can effectively argue for the merits of your claim including presenting evidence to support your losses. This may include photos of the car damage as well as a police report and witness testimony. We can determine the various elements of your claim such as lost income as well as pain and suffering, and police report.

At this point, if the insurance company refuses to offer a reasonable amount, we can choose to make a claim in court. 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 stage it can take a few months. Alternatively, your attorney may be eligible to file an application for summary judgment. This involves arguing that all evidence is in your favor, and arguing that it is impossible for the opponent to prevail.

Filing an action

In a majority of cases involving car accidents, the parties are able to resolve their disagreement outside of court. Our team will help you negotiate a settlement with the insurance company, or directly with the at-fault party. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your claims and allegations about the circumstances of the crash and why you deserve compensation. The defendant is served the Complaint, and given a specific period of time to reply.

During the discovery phase, our lawyers will discuss documents and other materials with the defendant and ask questions via interrogatories or depositions. Our team will inquire to the lawyer of the defendant regarding their view of the events, including the injuries you've suffered and how they believe it took place. We will also seek out expert opinions that will support our stance.

During the discovery stage, your lawyer will submit legal documents, also known as motions in court to be decided by a judge. These could include requests to the court to exclude certain evidence or to set a trial date. It can take up to an entire year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney early in the process.