The Intake Process for Car Accident Litigation

An experienced lawyer in the field of car accident litigation will be able to help you determine the worth of your case and the amount of settlement you can receive. This is only possible when all the information you need is available.

Discovery is the first stage of an auto accidents accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is a major element of an auto accident. This can include evidence like photographs, medical records or witness statements. The more documentation that you have, the more convincing your case.

A police report is the first piece of paper you should have. The police officer who arrives at the scene of an accident will usually prepare a report. It will give valuable details about the accident and who was responsible.

Your lawyer may also utilize the report of a law enforcement officer to seek additional evidence if required. For instance, if an incident occurred at a company where employees were present, the location may have recorded footage of the incident. If this is the case, you should request a copy of the video from the business.

Document any expenses you incurred in the aftermath of the accident. These could include medical bills, records of your treatment, receipts from medication rental car expenses, in-home assistance or care transport costs, and many more. In addition, you should keep track of any income loss as a result of your injury. You can use old tax returns and pay stubs.

You should also try to find the names of witnesses. They might be able to give valuable information, particularly if you can get them to testify in court. However, it is important to keep in mind that witnesses are prone to altering their accounts over time, and may forget details of the incident.

Intake and Investigation

The process of intake is crucial to obtaining an adequate amount of settlement for auto Accident your accident-related injuries regardless of whether you've made an insurance claim or you are suing the person at fault. Your lawyer will begin by reviewing your medical treatment records, and obtaining copies of accident reports, and other evidence. They will also go to and document the scene of the accident.

This will help them to assess the severity of the injuries you've sustained, both in terms future and current costs for your emotional or physical suffering. They will then look over your financial losses to determine the value of your case. The damages could include not only future and ongoing medical expenses, but also loss of income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing the available evidence. They will also obtain the driver at fault's driving and phone records to determine how they were using their vehicle at the time of the collision. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was on the job, as this could negatively impact their ability to cover your damages.

In addition the lawyer may ask questions regarding the defendant's prior criminal and traffic convictions as part of the discovery process. These details are generally not admissible in court, however they could be helpful to impeach the defendant's credibility during cross examination.

The process of negotiating a settlement

Once you have received the medical records, you are able to start settlement negotiations. The insurance company will often make an initial offer that is much less than the amount you requested in your letter. This is a strategy to determine how strong your argument is. In the counteroffer, it's important to emphasize the strongest points in your favor - for example, the insured was fully at blame and that you were afflicted with serious injuries that resulted in high medical expenses. Then, negotiations back and forth will result in an amount that is both reasonable and fair.

A skilled accident lawyer can effectively argue your claim's merits, including presenting evidence to back your losses. This could include photos of the damage to your vehicle as well as a police report and witness testimony. We also know how to calculate the value of each element of your claim, like lost income and suffering and pain.

If the insurance company refuses to pay an amount that is reasonable at this point, we may file a lawsuit. A trial typically lasts up to two days and can be heard by a judge (called a bench trial) or by jurors. If your case settles prior to reaching this stage the process could last months. Your attorney might also be able to file a summary motion to dismiss. This is where you present all the evidence in your favor and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of car accident cases parties can settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the driver who is at fault. However, if an agreement cannot be reached Our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations about the accident, and explains why you are entitled to compensation. The defendant is served with the Complaint, and given a certain period of time to reply.

During the discovery phase, our attorneys will share documents and other materials with the defendant while asking questions via interrogatories as well as depositions. Our team will be asking questions to the lawyer for the defendant about their perspective on the events, focusing on what injuries you have suffered and what they believe happened. happened. We will also look for experts to back our claims.

During the discovery phase, your lawyer could file legal documents called motions to the court for a judge's ruling on. This can include requests for the court to block certain evidence or to set the date for a trial. It could take up to one year for the discovery process to be completed and a trial date to be set. It's crucial to consult with an experienced Long Island auto accident lawsuits accident attorney as early as you can in the process.