The Intake Process for Car Accident Litigation

An experienced lawyer in defending car auto accident legal cases will be able to help you determine the worth of your case and the amount of settlement you could get. But it is only possible if you have all the relevant information.

The initial step in a car crash lawsuit is called discovery. During this phase attorneys and their teams will exchange documents and discuss questions under the oath.

Documentation

Documentation is a large aspect of the investigation in an auto accident attorney. This could include evidence such photographs, medical records, or witness statements. The more documentation that you have the more convincing your case.

A police report is the very first document you should have. The police officer who arrives at the scene of the auto accident lawyers will usually write a report. It will provide important details about the incident and who was responsible for it.

If needed, auto accident attorney your attorney can use an investigation report to collect additional evidence. For instance, if an incident occurred in a business or office, an employee working at the area may have recorded footage of the incident. If this is the situation, the tape should be requested from the business as quickly as it is possible.

You should also record the costs you have incurred as a result of the accident. This could include medical bills and records for your treatment, receipts for medicines, rental car fees and in-home assistance or care transport costs, and much more. It is also important to document any income you lose due to your injury. You can use tax returns and pay stubs.

If you are able to, request the names of any witnesses to the incident as well. These witnesses can be valuable sources of information for your case, especially in the event that they are able to testify at trial. However, it's important to remember that witnesses are prone to altering their stories over time and may forget details of the incident.

Intake and Investigation

The intake process is essential to obtaining fair compensation for your accident injuries, whether you have submitted an insurance claim or are suing the party at fault. Your attorney will begin by looking over your medical records, and obtaining copies accident reports and other evidence. They will also go to and document the scene of the auto accident lawsuit.

This information will assist them know the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then look over your existing and expected financial losses to estimate the total value of your case. The damages you incur could include not only your present and future medical costs, but also lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing all available evidence. They will also gather information about the driving habits and cell phones of the driver at fault in order to see how they used their vehicle at that time. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was working while on the job, as this could impact their ability to pay for your damages.

Additionally your lawyer will also inquire about the defendant's past criminal and traffic-related offenses in the discovery process. Generally, these details are not admissible in court, but they could be helpful to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations on settlement. The insurance company may make an initial offer that is lower than the amount you demanded in your letter. This is a way to test how convincing your case is. In the counteroffer, you must be important to emphasize the strongest arguments in your favor, for example, that the insured was at blame and that you were afflicted with severe injuries with high medical costs. The process of negotiating back and forth should eventually result in an appropriate and fair amount.

A skilled attorney for accidents can successfully argue the merits of your claim, by presenting evidence to prove your losses. This could include photos of the car's damage, a police report and witness testimony. We know how to calculate various aspects of your claim such as lost income along with pain and suffering as well as a police reports.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we may make a claim. A trial typically lasts between one and two days and is conducted by jurors or a judge. If your case is settled before this point it can take a few months. Your attorney may be eligible to file a motion for summary judgement. This involves asserting that all evidence is in your favor and arguing that it's impossible to allow the opposition to win.

Filing a Lawsuit

In a majority of car accident cases the parties are able to settle their dispute out of court. Our team will work to assist you in negotiating an agreement with the insurance company, or directly with the person at fault. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident and the reasons why 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 attorneys will share 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 perspective on the events, focusing on what injuries you've sustained and how they believe it took place. We will also request expert opinions that support our position.

During the discovery process your lawyer could file legal documents called motions to the court for a judge to rule on. These could include requests to the court to block certain evidence or to set the date for a trial. It can take up one year for the discovery process to be completed and a trial date set. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.