The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases can help you determine the strength of your case and what settlement amount you might receive. However, this is only possible if you have all the relevant information.

Discovery is the initial step of a car accident case. In this stage, attorneys and their teams will exchange documents and discuss questions under an oath.

Documentation

Documentation is an integral element of an auto accidents accident. This can include evidence like photographs, medical records, or witness statements. In general, the more evidence you have to support your claim, the stronger 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 crash will prepare an investigation report. This will contain important information about what happened and who was at fault for the incident.

If necessary your lawyer has the option of using an investigation report to collect additional evidence. For instance, if an incident occurred at a company, an employee at that site might have recorded video footage of the incident. If this is the case, you must request a copy from the business.

Note any costs you have incurred due to the auto accident lawyers. This could include medical bills and records of your treatment, receipts from medication, rental car fees, in-home care or assistance transport costs, and many more. It is also important to document the loss of income due to your accident. You can use old tax returns and pay stubs.

If you can, collect the names of witnesses to the accident as well. These witnesses can be valuable sources of information for your case, particularly if they are able to testify at trial. It is important to keep in mind that witnesses could alter their stories and forget details about the incident as time passes.

Intake and Investigation

The intake process is critical to getting an adequate amount of settlement for your accident-related injuries, whether you have filed a claim with an insurance company or are suing the at-fault party. Your attorney will start by looking through your medical records, Auto Accident obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.

This information will help them determine the extent of your injuries both in terms of future and anticipated costs for your physical and emotional suffering. They will then review your financial losses to determine the worth of your case. The damages you incur could include not only your present and future medical costs but also income loss and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also gather the driver at fault's driving and cell phone records to see how they were using their vehicle at the time of the crash. This will be especially crucial if the crash involved an Uber or Auto Accident Lyft vehicle or any other evidence that suggests the driver was at work, as this could affect their ability to pay for your damages.

As part of the discovery procedure, your lawyer will also inquire about the defendant's traffic and criminal offense records. These details are generally not admissible but could be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you have received your medical records, you're able to start settlement negotiations. Initially the insurance company may make an offer which is usually much lower than what you request in the letter. This is a method to see how strong your argument is. When you counteroffer, it's crucial to emphasize the most important arguments you have in your favor. For instance, if you claim the insurer was at fault and that there were serious injuries and significant medical expenses. In the end, a lot of the back and forth negotiation should get you to an amount that is reasonable and fair.

A skilled accident lawyer can successfully argue for your claim's merits, including presenting proof to support your losses. This could include photos of car damage, police reports, and witness testimony. We also know how to determine the value of different elements of your claim, such as lost income and pain and suffering.

If at this point the insurance company refuses to offer a fair amount, we may choose to bring a lawsuit to court. A trial typically lasts between one and two days, and is conducted by an attorney or a jury. If your case is settled prior to this stage it can take a few months. Alternatively, your attorney may be in a position to file a motion for summary judge. This involves asserting all of the evidence in your favor and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In a majority of cases involving car accidents the parties are able to settle their disputes outside of court. Our team will assist you in negotiating an agreement with the insurance company of the other driver company or directly with the at-fault party. However, if an agreement cannot be reached the lawyers of our firm will start an action against the defendant. The Complaint will contain your claims and allegations relating to the accident, and explains why you are entitled to compensation. The defendant is served the Complaint, and given a set period of time to reply.

The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other material and ask questions via interrogatories or depositions. Our team will inquire to the defendant's lawyer about their interpretation of the events, focusing on what damages you've suffered and how they believe it took place. We will also seek expert opinions that support our position.

During the discovery phase, your lawyer can make legal documents known as motions with the court to be decided by an individual judge. This can include requests for the court to exclude certain evidence or to set the date for a trial. It can take a year or more to complete the discovery process and determine the date of trial for your case. It is essential to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.