The Intake Process for Car Accident Litigation

An experienced lawyer in the field of car auto accident lawyer litigation will be able to assist you determine the strength of your case and how much settlement you could receive. This is only possible when all the information you need is available.

Discovery is the first step of a car accident case. In this phase attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a large element of an auto accident legal accident lawsuit, click here!, accident. This could be evidence like photographs, medical records, or witness statements. The more documentation that you have, the better your case will be.

A law enforcement report is the first piece of paper you need. Typically the police officer who comes to the scene of the crash will prepare a report, and Auto Accident Lawsuit this will provide important information about the circumstances of the crash and who was at fault for the incident.

If required your attorney has to use a police report to gather additional evidence. For example, if the incident occurred at a company, an employee at that site might have recorded footage of the incident. If this is the case, a copy of the tape should be requested from the business as soon as is possible.

You should also document any expenses you incurred in the aftermath of the accident. This could include medical bills and records of your treatment, receipts from medication rental car charges home care or assistance expenses for transportation, and many more. Additionally, you must document any lost income as a result of your auto accident lawyers. This could include old pay stubs and tax returns.

If you are able to, request the names of witnesses to the incident as well. They could be valuable sources of information for your case, particularly when they can be a witness in a trial. It's important to keep in mind that witnesses may alter their accounts and forget details about the incident as time passes.

Intake and Investigation

The intake process is critical to obtaining fair compensation for your accident injuries, whether you have made an insurance claim or are suing the party at fault. Your lawyer will begin by reviewing your medical treatment records, obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the auto accident lawyers.

This information will assist them determine the extent of your injuries as well as the future and projected costs for your physical and emotional suffering. They will then look over your existing and expected financial losses to determine the total value of your case. The damages could not be limited to only future and ongoing medical expenses, but also loss of income and property damage.

Your lawyer will also investigate the incident, auto accident lawsuit which includes interviewing witnesses and reviewing any available evidence. They will also obtain the at-fault driver's driving and cell phone records to see how they used their vehicle at the time of the accident. This is especially important if there was a collision involving an Uber or Lyft car, or any other indication that the driver worked while on the clock.

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

The process of negotiating a settlement

After you have obtained the medical records then your lawyer will 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 method to test the credibility of your argument. When you counteroffer, it's important to highlight the strongest points you have to your advantage. For instance, if you claim the insurer was at fault and that there were serious injuries and expensive medical expenses. Then, negotiations back and forth should get you to an amount that is fair and reasonable.

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

If the insurance company refuses to pay a reasonable amount at the moment, we can file a lawsuit. A trial usually lasts between one and two days. It is usually ruled by an individual judge (called a bench trial) or a jury. If your case is settled before this stage, it can take several months. Your attorney may also be able to file a summary judgment motion. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to prevail.

Filing a Lawsuit

In a majority of car accident cases parties are able to resolve their disagreement outside of court. Our team will assist you in negotiating a settlement with the insurance company of the other driver company or directly with the person at fault. If there is no agreement the lawyers of our firm will initiate a lawsuit against the defendant. The Complaint will detail your claims and allegations regarding how the crash occurred and the reasons you are entitled to compensation. The defendant is served the Complaint, and given a certain time frame to respond.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, including what they believe happened, how they believe it happened and what injuries you have suffered. We will also search for experts to back our position.

During the discovery phase, your lawyer may submit legal documents, also known as motions to the court to be ruled on by the judge. This may include requesting the court to block evidence or set a trial date. It can take up a year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.