The Intake Process for Car Accident Litigation

A lawyer who is specialized in litigation involving car accidents can help you determine how solid your case is and also how the settlement might be worth. This is only possible if all the information you need is available.

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

Documentation

A lot of the work involved in a car crash case is collecting evidence. This may include evidence such as photos, medical records, or witness statements. The more documentation that you have, the more convincing your case.

The first piece of evidence that you must have is a police report. The police officer who arrives at the scene of the accident will typically prepare a report. This will provide valuable details about the incident and the person responsible for it.

Your lawyer can also make use of a law enforcement report to seek additional evidence if required. For example, if the auto accident attorney happened in a business the employee who worked at that area may have recorded footage of the incident. If this is the case, you must request a copy from the business.

You should also document any expenses you incurred as a result of the accident. This could include medical expenses, records of your treatment, receipts for medication, rental car charges for in-home assistance, care at home as well as transportation costs. It is also important to document the loss of income due to your injury. You can use old tax returns and pay stubs.

You should also try to get the names of witnesses. They could be important sources of information in your case, particularly in the event that they are able to give evidence at trial. However, it’s important to keep in mind that witnesses can alter their testimony over time and they may forget details about the accident.

Intake and Investigation

The intake process is critical to getting fair compensation for your injuries sustained in an accident regardless of whether you’ve filed an insurance claim or are suing the responsible party. Your attorney will begin by examining your medical records, and obtaining copies of accident reports, as well as other evidence. They will also go to and document the accident scene.

This information will allow them to understand the extent of the harm you’ve suffered as well as the actual and projected costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to determine the total value of your case. The damages could not be limited to only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing all available evidence. They will also obtain the driving and cell phone records of the driver at fault in order to determine if they were using their vehicle at that time. This is particularly important if there was a collision involving an Uber or Lyft car, or any other indication that the driver worked while on the clock.

As part of the process of discovery as part of the discovery process, your lawyer will ask about the defendant’s traffic and criminal offence records. Generally speaking, these facts are not admissible in court, but they can be useful to undermine the credibility of a defendant during cross-examination.

The process of negotiating a settlement

After you have obtained the medical records, your lawyer can begin negotiations to settle the matter. In the beginning, the insurance company will offer an offer that is often much lower than what you demand in the letter. This is a way to determine the strength of your argument. When you counteroffer, it’s crucial to highlight the most powerful points you have to your advantage. For instance, you could argue that the insurance company was responsible and that there were serious injuries and high medical costs. Then, bargaining back and forth should get you to an amount that is reasonable and fair.

A skilled attorney for accidents can effectively argue for the merits of your claim including presenting evidence supporting your losses. This could include photographs of the car’s damage, a police report and witness testimony. We know how to determine the various elements of your claim, such as loss of income or pain and suffering, as well as police report.

If, at this point, the insurance company is still refusing to offer a fair amount, we have the option to make a claim in court. A trial usually lasts between one and two days and is conducted by either a judge or jury. If your case is settled prior to this stage it could take a few months. Your lawyer may also be able file a summary motion for judgment. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the other side to prevail.

Filing an action

In the majority of car crash cases, the parties are able to resolve their disputes without the need for court. Our team will assist you in negotiating an agreement with the other driver’s insurance company, or directly with the party at fault. If there is no agreement the lawyers of our firm will file an action against the defendant. The Complaint will list your claims and Auto Accident allegations about how the accident occurred and why you deserve compensation. The defendant is served with the Complaint and given a certain time frame to respond.

The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will pose questions to the defendant’s lawyer about their view of the events, including what injuries you’ve suffered and what they believe happened. took place. We will also request expert opinions that enforce our position.

During the process of discovery, your lawyer could submit legal documents known as motions to the court for a judge’s ruling on. This may include requesting the court to omit evidence or schedule a trial. It can take up to one year for the investigation process to be completed and a trial date established. It is imperative to speak with an experienced Long Island auto accident lawyers accident attorney at the earliest possible point during the process.