The Intake Process for Car Accident Litigation

A lawyer who has experience in the field of car accident litigation will be able to help you determine the strength of your case and what settlement amount you might receive. This is only possible when all the information you need is available.

The first step in a car accident lawsuit is known as discovery. During this phase attorneys and their teams will communicate with each other 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 like photos, medical records, or witness statements. Generally, the more documentation you have to support your claim the more convincing your claim will be.

The first document you should have is a law enforcement report. Typically the police officer who comes to the scene of the crash will prepare an investigation report. This will contain important information about how the accident occurred and who was responsible for the incident.

If required your lawyer has the option of using an investigation report to collect additional evidence. For example, if the incident occurred in a business where employees were present, the location might have recorded footage of the incident. If this is the case, the tape must be requested from the company as soon as is possible.

Record any expenses you have incurred as a result of the accident. Document all expenses you have incurred as a result of. These could include medical bills as well as records of your treatment, receipts for medication, rental car charges as well as in-home assistance or care as well as transportation costs. Additionally, Vimeo you must keep track of any income loss as a result of your accident. You can use old tax returns and pay stubs.

If you are able to, request the names of any witnesses to the incident as well. They can be important sources of information in your case, especially when they can be a witness in a trial. It is important to remember that witnesses can alter their accounts and forget details about the incident over time.

Intake and Investigation

Whether you have made a claim with an insurance company or have started a lawsuit against an at-fault driver, the intake process is essential to receive the fair and complete compensation you deserve for the accident injuries. Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports, as well as other evidence. They will also visit and document the accident scene.

This information will allow them to understand the extent of your injuries in relation to future and current costs for your physical and emotional suffering. Then, they'll 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 expenses as well as lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing the available evidence. They will also collect the at-fault driver's driving and cell phone records to see the way they used their vehicle at the time of the crash. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, as this could impact the ability of them to pay damages.

In addition to this, your attorney will likely inquire about the defendant's previous criminal and traffic convictions in the discovery process. These details are generally not admissible in court but they can be useful to impeach the defendant's credibility during cross examination.

The process of negotiating a settlement

After you have received your medical records, you can start settlement negotiations. The insurance company will typically make an initial offer that is much smaller than the amount that you demanded in your letter. This is a way to determine the credibility of your argument. In the counteroffer it is important to emphasize the strongest arguments for your side - for example, the insured was at blame and that you were afflicted with serious injuries that resulted in high medical expenses. The process of negotiating back and forth should eventually result in an acceptable and reasonable amount.

A skilled attorney can successfully argue your claim's merits by presenting evidence to justify your losses. This may include photos of the car's damage or a police report, as well as witness testimony. We know how to calculate various elements of your claim such as lost income, pain and suffering and police report.

If the insurance company is unwilling to pay an appropriate amount at the moment, we can make a claim. A trial usually lasts for between one and two days. It is usually ruled by an individual judge (called a bench trial) or by jurors. If your case is settled prior to reaching this stage the process could last months. In addition, your attorney might be in a position to file a motion for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of car accident cases, the parties can resolve their disputes outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. However, if an agreement is not reached our lawyers will initiate an action against the defendant. The Complaint will list your assertions and allegations regarding how the crash occurred and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a specific period of time to respond.

During the discovery phase, our lawyers will discuss documents and other material with the defendant while asking questions via interrogatories as well as depositions. Our team will ask questions to the defendant's lawyer about their version of the events, including the injuries you've suffered and the way they believe it happened. We will also look for experts to back our position.

During the process of discovery, your lawyer could submit legal documents, also known as motions to the court to a judge's decision on. This may include requesting the court to exclude evidence or to schedule a trial. It could take a year or more to complete the discovery process and set a trial date for your case. It is essential to speak with an experienced Long Island brighton auto accident lawyer accident attorney at the earliest possible point in the process.