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The Intake Process for Car Accident Litigation
A lawyer who specializes in the area of car accident litigation will assist you in determining how strong your case is and how much your settlement could be worth. However it is only possible with all the relevant information.
Discovery is the first step of an auto Accident lawsuits accident case. During this phase attorneys and their teams will discuss documents and answer questions under oath.
Documentation
A large portion of the work involved in a car accident case is collecting documentation. This may include evidence such as medical records, photos, or witness statements. In general, the more evidence you can provide to support your claim the stronger your argument will be.
The first document you need is a report from the police. Typically the police officer who comes to the scene of the accident will draft the report, and it will provide important information about how the crash occurred and who was responsible for the incident.
Your attorney can also use the law enforcement report to obtain additional evidence in the event of need. If the accident happened in an office for instance an employee might have recorded video footage. If this is the case, you must request a copy of the video from the business.
Note any costs you have incurred as a result of the accident. Record any costs you incur due to. This could include medical bills, records of your treatment, medication receipts rental car fees and in-home care or assistance transport costs, and many more. It is also important to document any income you lose due to your accident. You can use your old tax returns and pay stubs.
If you are able, obtain the names of any witnesses to the incident as well. They could be important sources of information in your case, especially those who are able to testify at trial. It's important to keep in mind that witnesses may change their narratives and forget specifics about the auto accident attorney over time.
Intake and Investigation
The process of intake is vital to obtaining an adequate amount of compensation for your injuries sustained in an accident, whether you have filed a claim with an insurance company or you are suing the person at fault. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to the scene of the accident to record and observe what they can.
This information will allow them to know the extent of your injuries as well as the future and projected costs for your physical and emotional suffering. Then, they will review your current and future financial losses to determine the worth of your case. Damages could include not only your current and future medical expenses 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 driving and cell phone records of the driver at fault in order to determine how they used their vehicle during the time. This is especially important if there was a collision with an Uber or Lyft car or any other indication that the driver was working around the clock.
As part of the discovery process Your lawyer will ask about the defendant's traffic and criminal offense records. In general, these information are not admissible in court, however they could be helpful to impeach the defendant's credibility during cross examination.
The process of negotiating a settlement
After obtaining the medical records then your lawyer will begin negotiations to settle the matter. Initially the insurance company may make an offer that is often much lower than what you requested in your letter. This is a way to see how strong your case is. When you counteroffer, it's essential to highlight the most compelling points you have to your advantage. For instance, you could argue the insurer was responsible and that there were serious injuries and significant medical expenses. Negotiating back and forth should eventually result in a fair and reasonable amount.
An experienced attorney can effectively argue for the merits of your claim by presenting evidence to prove your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to calculate the value of various elements of your claim, including loss of income, pain and suffering.
If the insurance company is unwilling to pay an acceptable amount at the moment, we can file a lawsuit. A trial typically lasts between one and two days, and is ruled on by either a judge or jury. If your case is settled before this point it can take a few months. Your lawyer may also be able to file a summary judgment motion. This involves arguing that all evidence is in your favour, and arguing that it's impossible for the opposing side to prevail.
Filing a Lawsuit
In the majority of car accident instances, parties can settle their dispute outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the party who is at fault. If an agreement is not reached, our lawyers will file a suit against the defendant. The Complaint will include your assertions and allegations regarding how the accident occurred 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 begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, including what they believe happened during the crash, as well as how they think it happened and what injuries you've suffered. We will also solicit expert opinions to support our position.
During the discovery phase, your lawyer may file legal documents called motions to the court for a judge to decide on. This can include requesting the court to omit evidence or set a trial date. It can take a whole year or more to complete the process of discovery and to set the trial date for your case. This is why it's vital to work with an experienced Long Island car accident attorney at the beginning of the process.