The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car accident litigation will help you determine how strong your case is and how the settlement you receive could be worth. But, this is only possible when you have all the information needed.

Discovery is the initial step of a car accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

A significant portion of the work involved in a car accident case is collecting evidence. This could include evidence such as photographs, medical records, or witness statements. In general, the more evidence you have to support your claim the more convincing your argument will be.

The first piece of documentation you need is a law enforcement report. Typically, the police officer who comes to the scene of the accident will write an investigation report. This will give important details about how the crash occurred and who was responsible for the incident.

Your attorney can also use a law enforcement report to pursue additional evidence if necessary. If the accident occurred in an office, for example an employee could have recorded video footage. If this is the situation, a copy of the tape must be requested from the business as soon as it is possible.

Keep track of any expenses you incur as a result of the accident. Document any expenses you incurred due to. These could include medical bills and records for your treatment, receipts from medication rental car costs, in-home care or assistance transport costs, and many more. In addition, you should record any income loss due to your accident. You can use your old 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 provide important details, especially if are able to have them give evidence in court. It's important to remember that witnesses could alter their story and forget details about the accident over time.

Intake and Investigation

The process of intake is crucial to getting fair compensation for your injuries sustained in an accident regardless of whether you've submitted an insurance claim or are suing the at-fault party. Your attorney will start by reviewing your medical treatment documents, and then obtaining copies accident reports and other available evidence. They will also visit the scene of the accident to take note of what they can.

This will help them comprehend the severity of your injuries in relation to current and projected future costs for your physical and emotional suffering. Then, they'll review your financial losses in order to estimate the value of your case. The damages could not be limited to only current and future medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and reviewing any available evidence. They will also take information about the driving habits and cell phones of the drivers at fault to determine how they used their vehicle during the time. This will be especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working while at work, as this could affect their ability to cover your damages.

Additionally the lawyer may ask questions about the defendant's criminal and traffic-related offenses as part of the discovery process. These details are generally not admissible but could be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

Once you have received the medical records, it is possible to begin settlement negotiation. The insurance company may make an initial offer that is smaller than the amount that you demanded in your letter. This is a way to determine how strong your argument is. In the counteroffer it is crucial to emphasize the most important arguments in your favor, for example, that the insured was at blame and that you were afflicted with severe injuries with significant medical expenses. The process of negotiating back and forth should eventually result in a fair and reasonable amount.

An experienced accident lawyer can effectively argue your claim's merits, by presenting evidence to justify your losses. This could include photos of the car damage, police reports and witness testimony. We know how to calculate various aspects of your claim such as loss of income as well as pain and suffering, and police reports.

If the insurance company refuses to pay an appropriate amount at this point, auto accident law firm we may make a claim. A trial usually lasts between one and two days, and is ruled on by a judge or a jury. If your case settles prior to this phase, it can take several months. Your attorney may be able to file a motion for summary judgement. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the opposing side to win.

Filing a Lawsuit

In a majority of cases involving car accidents the parties can resolve their disagreement outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the person who was at fault. If an agreement is not reached our lawyers will initiate an action against the defendant. The Complaint outlines your claims and allegations relating to the incident and why you are entitled to compensation. The defendant is served with the Complaint and given a specified time frame to respond.

During the discovery phase, our lawyers will exchange documents and other evidence with the defendant while asking questions through interrogatories and depositions. Our team will ask questions to the lawyer representing the defendant about their perspective on the events, including what injuries you have suffered and how they believe it took place. We will also request expert opinions that will support our stance.

During the discovery stage, your lawyer will file legal documents known as motions to the court for the decision of the judge. This could include requests for the court to exclude certain evidence, or to set a trial date. It can take up one year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accidents accident law firm (helpful site) accident attorney at the earliest possible point during the process.