The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can assist you in determining how strong your case is as well as how the settlement you receive could be worth. However this is only possible with all the relevant information.

Discovery is the initial step of a car auto accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

A significant portion of the work involved in a car crash investigation is gathering evidence. This could include evidence such photographs, medical records, or witness statements. The more evidence you have the more convincing your case will become.

A police report is the first document you need. The police officer who arrives at the scene is likely to prepare a written report. It will give valuable details about the incident and who was responsible.

If needed you need to, your attorney can make use of an investigation report to collect additional evidence. If the accident occurred in the workplace for instance employees may have recorded video footage. If this is the case, you should request a copy of the video from the business.

It is also important to document the expenses you incur due to the accident. This can include medical bills or records of treatment, receipts for medication, rental car charges, in-home assistance or care expenses for transportation, and more. It is also important to document any income lost due to your injury. You can use tax returns and pay stubs.

If you are able, obtain the names of any witnesses to the incident as well. They might be able to give valuable information, especially if you are able to have them be a witness in court. It is important to remember that witnesses are prone to altering their testimony over time and may forget details of the incident.

Intake and Investigation

Whether you have made a claim with an insurance company or are starting an action against an at-fault driver, the process of intake is essential to obtaining full and fair compensation for your crash injuries. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the crash to record and observe what they can.

This will help them understand the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then review your existing and expected financial losses to estimate the value of your case. The damages you suffer could include not only current and future medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and reviewing any available evidence. They will also take information about the driving habits and cell phones of the at-fault drivers to determine how they used their vehicle during the time. This is especially important in the event that there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver was working on the clock.

In addition to this, your attorney will likely ask questions about the defendant's previous criminal and auto accident attorney traffic offence history during the discovery process. In general, these information are not admissible in court, however they could be helpful to impeach the defendant's credibility during cross-examination.

The process of negotiating a settlement

After you have obtained the medical records and obtaining the medical records, your lawyer can begin settlement negotiations. The insurance company is likely to make an initial offer that is smaller than the amount that you requested in your letter. This is a way to test the strength of your case. In the counteroffer, it is important to highlight the strongest arguments you have in your favor - for example, that the insured was completely at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. Negotiating back and forth could eventually result in an acceptable and reasonable amount.

A skilled accident lawyer can effectively argue your claim's merits including presenting evidence to prove your losses. This could include photographs of the damage to your vehicle, a police report and witness testimony. We also know how to determine the value of various elements of your claim, such as loss of income, suffering and pain.

If at this point the insurance company refuses to provide a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial typically lasts between one and auto accident attorney two days and is ruled on by either a judge or jury. If your case settles prior to reaching this phase, the process can take months. Your attorney might also be able to file a summary motion to dismiss. This involves arguing that all evidence is in your favor, and arguing that it's impossible to allow the opposition to prevail.

Filing a Lawsuit

In the majority of car crash cases, the parties can settle their disputes without the need for court. Our team will work to help you negotiate an agreement with the insurance company or directly with the person at fault. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The complaint contains your claims and allegations regarding the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular period of time to respond to it.

During the discovery phase, our attorneys will discuss documents and other evidence with the defendant, while asking questions via interrogatories as well as depositions. Our team will pose questions to the lawyer of the defendant regarding their perspective on the events, including what injuries you've sustained and what they believe happened. took place. We will also request expert opinions that enforce our position.

During the process of discovery, your lawyer may submit legal documents, also known as motions to the court for a judge to decide on. This can include requests for the court to omit certain evidence or set a trial date. It could take a year or more to complete the discovery process and set the date of trial for your case. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.