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The Intake Process for Car Accident Litigation

A lawyer who specializes in litigation involving car accidents can help you determine the strength of your case is, and how the settlement you receive could be worth. This is only possible when all the information you require is available.

The initial step in a lawsuit involving a car accident is called discovery. In this phase attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

Documentation is a large aspect of the investigation in an accident. This can include evidence such as medical records, photos, or witness statements. The more documentation that you have the more convincing your case will be.

A law enforcement report is the primary document you should have. Typically the police officer who arrives at the scene of the accident will draft the report, and it will provide important information about how the accident occurred 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, if needed. If the incident occurred in a place of business, for example employees may have recorded video footage. If this is the case, you should request a copy of the video from the business.

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

If you are able to, request the names of witnesses to the incident as well. These witnesses can be valuable sources of information for your case, especially those who are able to be present at trial. However, it's important to keep in mind that witnesses can change their accounts over time, and they may forget details about the incident.

Intake and Investigation

If you've filed an insurance company or are starting legal action against a negligent driver, the process of intake is essential to receive an adequate and fair settlement for the accident injuries. Your attorney will start by looking over your medical treatment records, and obtaining copies of accident reports as well as other evidence. They will also visit the site of the accident to observe and document what they can.

This will help them to determine the severity of the injuries you've sustained, both in terms actual and projected costs for your physical or emotional suffering. They will also review your financial losses to estimate the total value of your case. Your damages may include not just future and present medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing all available evidence. They will also take the driver at fault's driving and phone records to determine what they were doing with their vehicle at the time of the accident. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the job, as this could impact the ability of them to pay damages.

As part of the process of discovery, your lawyer will also inquire about the defendant's criminal and traffic offense records. These information is generally not admissible, however they can be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you can begin negotiations for settlement. The insurance company is likely to make an initial offer that is lower than the amount you demanded in your letter. This is a way to assess the credibility of your argument. In the counteroffer, it's crucial to highlight the most powerful arguments for your side - for instance, that the insured was entirely at fault and that you suffered serious injuries that resulted in significant medical expenses. Then, negotiations back and forth should get you to an amount that is both fair and reasonable.

An experienced accident lawyer can successfully argue your claim's merits, including presenting evidence to back your losses. This could include photographs of the car damage, a police report and witness testimony. We have the ability to determine the various elements of your claim, such as lost income as well as pain and suffering, and police reports.

If the insurance company is unwilling to pay a reasonable amount at this point, we could bring a lawsuit. A trial typically lasts up to two days and is supervised by a judge (called a bench trial) or by jurors. If your case is settled before reaching this phase it could take months. In addition, your attorney might be eligible to file a motion for summary judgement. This is a way of claiming that all evidence is in your favor and arguing it's impossible for the opponent 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 can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will list your assertions and allegations regarding the circumstances of the crash and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified time frame to respond.

During the discovery phase, our lawyers will share documents and other evidence with the defendant and ask questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions about their view of events, focusing on how they believe the crash occurred and the injuries you've suffered. We will also search for experts to back our claims.

During the discovery phase, your lawyer can make legal documents known as motions in court for a decision by a judge. This may include requesting the judge to exclude evidence or set a trial date. It can take up to a 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 Lawsuits auto accident attorney early in the process.