The Intake Process for Car Accident Litigation

A lawyer who has experience in car accident litigation can help you determine the strengths of your case as well as the amount of settlement you can get. But this is only feasible with all the necessary information.

Discovery is the first stage of an auto accident attorneys accident case. During this stage, attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

A significant portion of the work involved in a car accident investigation is gathering evidence. This can include evidence like medical records, photos or witness statements. The more evidence you have, the more convincing your case will be.

A police report is the first piece of paper you should have. Typically the police officer that arrives at the scene of the accident will write the report, and it will provide important information about the circumstances of the crash and who was at fault for the incident.

Your attorney may also make use of the report of a law enforcement officer to pursue additional evidence in the event of need. If the incident occurred in the workplace such as a place of business, an employee may have recorded video footage. If this is the case the tape must be requested from the business as quickly as is possible.

Keep track of any expenses you incur in the aftermath of the accident. These could include medical bills and records of your treatment, receipts from medications rental car costs and in-home care or assistance transport costs, and many more. In addition, you should document any lost income as a result of your injury. This could include old pay stubs and tax returns.

It is also advisable to obtain the names of witnesses. These people may be able to provide important information, especially if you are able to get them to be a witness in court. It's important to remember that witnesses may alter their narratives and forget specifics about the incident over time.

Intake and Investigation

The intake process is essential to obtaining an adequate amount of compensation for your injuries from an accident regardless of whether you've filed an insurance claim or are suing the at-fault party. Your attorney will begin by reviewing your medical records, and Auto Accident Attorney obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the accident to document and observe what they can.

This will allow them to comprehend the extent of the injuries you've suffered in terms of cost and projections for your emotional or physical suffering. They will then analyze your financial losses to estimate the total value of your case. The damages you incur could include not just your current and future medical costs but also income loss and property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing the available evidence. They will also obtain information about the driving habits and cell phones of the driver at fault in order to see how they used their vehicle during the time. This is especially important if there was a collision with an Uber or Lyft car, or any other evidence that suggests the driver was on the clock.

As part of the discovery procedure, your lawyer will also ask about the defendant's criminal and traffic conviction records. These details are generally not admissible in court, however they can be useful to discredit the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have the medical records, you're able to begin negotiations for settlement. Initially the insurance company will present an offer that's usually substantially lower than the amount you request in the letter. This is an opportunity to test the strength of your case. In the counteroffer it is important to highlight the strongest arguments for your side - for example, that the insured was at the fault and that you sustained severe injuries with significant medical expenses. Negotiating back and forth will eventually lead to an acceptable and reasonable amount.

An experienced accident lawyer can successfully argue the merits of your claim including presenting evidence to support your losses. This may include photos of the car damage or a police report, as well as witness testimony. We have the ability to calculate the various components of your claim such as loss of income, pain and suffering and police reports.

If the insurance company refuses to pay an amount that is reasonable at this point, we may start a lawsuit. A trial usually lasts between one and two days and is ruled on by either a judge or jury. If your case is settled prior to reaching this phase the process could take months. Your lawyer may also be able file a summary motion for judgment. This means presenting all of the evidence in your favor and arguing that it's impossible for the opposing side to win.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to settle their disputes outside of court. Our team will help you negotiate a settlement with the insurance company or directly with the at-fault party. However, if an agreement is not reached, our lawyers will bring an action against the defendant. The Complaint will detail your assertions and allegations regarding the cause of the crash and why you are entitled to compensation. The defendant is served with the Complaint, and given a specified amount of time to respond.

During the discovery phase, our attorneys will share documents and other information with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, including the circumstances under which they believe the crash occurred and the injuries you've sustained. We will also seek out expert opinions to support our claims.

During the discovery stage, your lawyer will submit legal documents, also known as motions with the court for the decision of an individual judge. This can include requests for the court to exclude certain evidence or to set a trial date. It can take as long as an entire year for the discovery process to be completed and auto accident attorney a trial date established. It is imperative to speak with an experienced Long Island auto accident attorney early during the process.