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The Intake Process for Car Accident Litigation

A lawyer who has experience in car accident litigation will be able to help you determine the strength of your case and the amount of settlement you could get. This is only possible when all the information you need is available.

Discovery is the initial step of a car accident case. During this stage, attorneys and their teams exchange documents and ask questions under the oath.

Documentation

Documentation is an integral element of an auto accident. This can include evidence such as photographs, medical records or witness statements. The more evidence you have the better your case will be.

The first document you need is a police report. The police officer who arrives at the scene will typically prepare a report. This will provide valuable details about the accident and the person responsible for it.

Your lawyer may also utilize an official report from law enforcement to pursue additional evidence in the event of need. For instance, if the accident happened in a business or office, an employee working at the location might have recorded footage of the incident. If this is the case, request a copy of the video from the business.

Record any expenses you have incurred due to the accident. Record any costs you incur due to. These could include medical bills or records of treatment, receipts for medication rental car expenses as well as in-home assistance or care expenses for transportation, and more. Additionally, you must note any income loss due to your accident. This can include old pay stubs and tax returns.

It is also advisable to get the names of witnesses. They can be valuable sources of information for your case, particularly if they are able to be a witness in a trial. It's important to remember that witnesses could alter their stories and forget details regarding the accident as time passes.

Intake and Investigation

The intake process is essential to getting an adequate amount of compensation for your injuries from an accident, whether you have submitted an insurance claim or are suing the responsible party. Your lawyer will begin by looking over your medical records, and obtaining copies of accident reports, as well as other evidence. They will also go to the scene of the crash to take note of what they can.

This information will help them understand the extent of your injuries, both in terms of future and current costs for your physical and emotional suffering. They will also review your financial losses to estimate the value of your case. Damages could include not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any available evidence. They will also obtain the driving and cell phone records of the drivers at fault to determine if they were using their vehicle during the time. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was working, as it could affect the ability of them to pay damages.

In addition to this your lawyer will also inquire regarding the defendant's prior criminal and traffic-related offenses in the discovery process. These information is generally not admissible but could be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After obtaining the medical records then your lawyer will begin negotiations for settlement. In the beginning the insurance company will present an offer which is usually significantly lower than the amount you demand in the letter. This is a method to test how convincing your argument is. When you counteroffer, it's crucial to highlight the most powerful points that you have to your advantage. For instance, you could argue the insurer was in the wrong and that there were severe injuries and expensive medical expenses. Then, bargaining back and forth will result in an amount that is reasonable and fair.

An experienced attorney can effectively argue the benefits of your claim, including presenting evidence that supports your losses. This may include photos of your car damage, police reports or witness testimony. We can calculate various aspects of your claim such as lost income or pain and suffering, as well as police reports.

If the insurance company is unwilling to pay an appropriate amount at this point, we can make a claim. A trial usually lasts for about two or three days and is either heard by a judge (called a bench trial) or a jury. If your case settles before this point it could take several months. Alternatively, your attorney may be able to file a motion for summary judgment. This is where you present all the evidence to your advantage and arguing that it's impossible for the other side to win.

Filing a Lawsuit

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

During the discovery phase, our lawyers will share documents and other materials with the defendant and ask questions through interrogatories and depositions. Our team will pose questions to the lawyer representing the defendant about their perspective on the events, focusing on what injuries you've suffered and the way they believe it happened. We will also request expert opinions that enforce our position.

During the discovery process, your lawyer may submit legal documents known as motions to the court for a judge's ruling on. This could mean asking the judge to exclude evidence or set a trial date. It can take as long as one year for the discovery process to be completed and a trial date set. It is imperative to speak with an experienced Long Island Auto accident Lawsuits accident attorney as early as possible during the process.