The Intake Process for Car Accident Litigation

A lawyer with experience in the field of car accident litigation will be able to assist you determine the worth of your case and the amount of settlement you can receive. But this is only feasible when you have all the relevant information.

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

Documentation

The majority of the work involved in a car crash case is obtaining documentation. This could include evidence like photographs, medical records, or witness statements. The more evidence you have the more convincing your case will be.

A law enforcement report is the very first document you need. Typically the police officer who comes to the scene of the auto accident lawyer will draft an investigation report. This will give important details about how the accident occurred and who was responsible for auto accident attorney the incident.

Your attorney may also make use of an official report from law enforcement to gather additional evidence if required. If the incident occurred in a place of business for instance, an employee may have recorded video footage. If this is the case, seek a copy from the company.

Keep track of any expenses you incur as a result of the accident. This could include medical bills, records of your treatment, receipts from medication, rental car charges and in-home care or assistance, transportation costs and more. It is also important to document any income lost due to your accident. You can use tax returns and pay stubs.

You should also try to get the names of witnesses. These witnesses can be important sources of information in your case, especially those who are able to give evidence at trial. It's important to keep in mind that witnesses may alter their narratives and forget specifics about the auto accident over time.

Intake and Investigation

If you've filed an insurance claim with an company or are starting legal action against a negligent driver, the initial intake process is crucial to getting an adequate and fair settlement for your injuries from a crash. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports as well as other evidence. They will also visit the scene of the crash to take note of what they can.

This will allow them to understand the extent of the harm you've suffered, both in terms cost and projections for your physical or emotional suffering. They will then look over your financial losses to determine the value of your case. The damages could not be limited to only current and future medical expenses, but also your lost income and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and reviewing all available evidence. They will also collect the at-fault driver's driving and cell phone records to see the way they used their vehicle at the time of the accident. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was at work, as this could impact their ability to pay your damages.

In addition your lawyer will also ask questions about the defendant's criminal and traffic convictions as part of the discovery process. These details are typically not admissible, but they could be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. In the beginning the insurance company will make an offer that is often much lower than what you request in the letter. This is an opportunity to test the credibility of your argument. When you counteroffer, it's essential to highlight the most compelling points that you have to your advantage. For instance, you can say the insurer was at fault and that there were serious injuries and expensive medical expenses. In the end, a lot of bargaining back and forth should result in an amount that is reasonable and fair.

A skilled accident lawyer can successfully argue your claim's merits including presenting evidence to prove your losses. This may include photos of the damage to your car or a police report, as well as witness testimony. We also know how to calculate the value of various elements of your claim, like lost income and suffering and pain.

At this point, if the insurance company refuses to provide a reasonable amount, we have the option to make a claim in court. A trial usually lasts between one and two days and is conducted by jurors or a judge. If your case is settled prior to reaching this stage it could take months. Your attorney may also be able to file a summary motion for judgment. This means claiming that all evidence is in your favor, and arguing that it is impossible for the other side to prevail.

Filing an action

In the majority of cases involving car accidents parties are able to resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the other driver or auto accident attorney directly with the party at fault. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident and why you are entitled to compensation. The defendant is served with the Complaint and given a set amount of time to respond.

The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask questions to the lawyer for the defendant about their view of the events, focusing on what injuries you have suffered and how they believe it happened. We will also search for experts to back our claims.

During the discovery phase, your lawyer may make legal motions to the court to a judge's decision on. This could mean asking the court to omit evidence or set a trial date. It can take a year or more to complete the discovery process and determine the date of trial for your case. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible in the process.