The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases will be able to help you determine the strength of your case and the amount of settlement you could get. This is only possible when all the information you need is available.

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

Documentation

A large portion of the work involved in a car accident case is collecting evidence. This may include evidence such as photographs, medical records or witness statements. The more evidence you have, the more convincing your case.

A law enforcement report is the first document you should have. Typically the police officer that comes to the scene of the crash will prepare an investigation report. This will provide crucial information on how the crash occurred and who was responsible for the incident.

Your attorney can also use the report of a law enforcement officer to pursue additional evidence if required. If the incident occurred in an office such as a place of business employees may have recorded video footage. If this is the case, the tape must be requested from the company as soon as possible.

You should also keep track of the expenses you incur as a result of the accident. This could include medical expenses or records of treatment, receipts from medication, rental car charges, in-home assistance or care transport costs, and many more. It is important to record the loss of income due to your injury. You can utilize old tax returns and pay stubs.

If you are able to, request the names of any witnesses to the accident as well. They might be able provide valuable information, especially if can convince them to appear in court. But, it's important to keep in mind that witnesses can change their stories over time and may forget details of the incident.

Intake and Investigation

If you have made an insurance firm or are beginning an action against an at-fault driver, the initial intake process is essential to obtaining the full and fair amount of compensation for your crash injuries. Your attorney will begin by reviewing your medical records and then obtaining copies of accident reports and other evidence. They will also visit the scene of the accident to take note of what they can.

This information will enable them to determine the severity of the injuries you've sustained in terms of actual and projected costs for your physical or emotional suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. The damages you incur could include not just your current and future medical expenses, 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 the driver at fault's driving and phone records to determine 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 at work, as it could affect their ability to cover your damages.

Additionally, your attorney will likely inquire about the defendant's past criminal and traffic convictions as part of the discovery process. These information is generally not admissible but could be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have the medical records, your lawyer can begin negotiations to settle the matter. The insurance company is likely to make an initial offer that is less than what you demanded in your letter. This is a way to test the strength of your argument. When you counteroffer, it's essential to highlight the most compelling points that you have in your favor. For instance, you can say that the insurer was in the wrong and that there were serious injuries and expensive medical expenses. The process of negotiating back and forth should eventually lead to an appropriate and fair amount.

A skilled attorney can successfully argue for your claim's merits, including presenting evidence to prove your losses. This may include photos of the car damage, a police report and witness testimony. We also know how to determine the value of each element of your claim, including lost income and suffering and pain.

At this point, if the insurance company is still refusing to offer a reasonable amount, we may choose to file a lawsuit in court. A trial typically lasts between one and two days, and auto accident lawsuits is conducted by either a judge or jury. If your case is settled prior to reaching this phase the process could last months. In addition, your attorney might be capable of filing a motion for summary judge. This involves arguing that all evidence is in your favor and arguing it's impossible for the opposition to win.

Filing an action

In the majority of car accident instances, parties can resolve their disputes outside of court. Our team will work to assist you in negotiating an agreement with the other driver's insurance company or directly with the party at fault. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The complaint contains your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a specific amount of time 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 ask the attorney for the defendant questions regarding their perspective on events, including what they believe happened during the crash, as well as how they think it happened and what injuries you've sustained. We will also search for expert opinions to support our assertions.

During the process of discovery, your lawyer may file legal documents called motions to the court for a judge's ruling on. This could mean asking the court to exclude evidence or schedule a trial. It can take a whole year or more to complete the discovery process and establish a trial date for your case. It is imperative to speak with an experienced Long Island auto accident lawsuit accident attorney at the earliest possible point during the process.