24 Hours To Improve Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer that specializes in the area of car accident litigation will assist you in determining how strong your case is as well as how the settlement you receive could be worth. But this is only possible if you have all the information needed.

Discovery is the very first step of a car accident case. During this stage, attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

Documentation is a significant component of a car accident. This could include evidence such medical records, photos or witness statements. Generally speaking, the more evidence you have to back your claim, the more convincing your argument will be.

A law enforcement report is the first piece of paper you need. Typically, the police officer who arrives at the scene of the accident will draft reports, and these will contain important information about what happened and who was at fault for the incident.

If necessary, your attorney can use a police report to gather additional evidence. If the auto accident law firm happened in an office, for example an employee might have recorded video footage. If this is the situation, the tape must be requested from the company as soon as is possible.

Note any costs you have incurred because of the accident. Record any costs you incur due to. This can include medical bills and records for your treatment, receipts for medications rental car charges as well as in-home care or assistance, transportation costs, and much more. Additionally, you must document any lost income because of your injury. This could include old pay stubs as well as tax returns.

It is also advisable to get the names of witnesses. These people can serve as important sources of information in your case, especially when they can be a witness in a trial. It is important to keep in mind that witnesses could alter their narratives and forget specifics about the incident over time.

Intake and Investigation

The process of intake is crucial to receiving fair settlement for your auto accident-related injuries regardless of whether you've submitted an insurance claim or are suing the at-fault party. Your lawyer will begin by looking through your medical records, obtaining copies of accident reports, and other evidence. They will also visit the scene of the crash to observe and document what they can.

This information will allow them to comprehend the severity of your injuries in relation to current and projected future costs for your physical and emotional suffering. They will then look over your financial losses to estimate the value of your case. The damages you suffer could include not only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate and interview witnesses and analyzing the available evidence. They will also take the at-fault driver's driving and cell phone records to see how they were using their vehicle at the time of the crash. This is particularly important if there was a collision involving an Uber or Lyft car or any other evidence that suggests the driver was on the clock.

Additionally your attorney may ask questions regarding the defendant's prior criminal and traffic offense history in the discovery process. Generally, these details are not admissible in court but they could be helpful to undermine the credibility of a defendant during cross examination.

The process of negotiating a settlement

Once you have received the medical records, you're able to begin settlement negotiation. Initially the insurance company will present an offer that is often much lower than what you have requested in the letter. This is a strategy to assess how strong your case. When you counteroffer, it's crucial to emphasize the most important points that you have to your advantage. For instance, if you claim that the insurance company was at fault and there were serious injuries and high medical costs. Eventually, negotiations back and forth should result in an amount that is fair and reasonable.

A skilled attorney can effectively argue for your claim's merits, including presenting evidence to prove your losses. This could include photographs of the damage to your vehicle along with a police report as well as witness testimony. We know how to determine the various elements of your claim, including lost income along with pain and suffering as well as a police reports.

If, at this point, the insurance company still refuses to offer a fair amount, we have the option to start a lawsuit in the courtroom. A trial usually lasts between one and two days and is ruled on by an attorney or a jury. If your case settles before reaching this phase, the process can take months. Your lawyer may also be able file a summary motion to dismiss. This means claiming that all evidence is in your favor, and arguing that it's impossible for the opponent to prevail.

Filing a Lawsuit

In the majority of car accident cases, the parties can resolve their disagreement outside of court. Our team will assist you in negotiating an agreement with the insurance company or directly with the party at fault. If no agreement can be reached, our lawyers will file a lawsuit against the defendant. The Complaint will detail your claims and allegations about how the crash occurred and why you deserve compensation. The defendant is served the Complaint and given a certain period of time to reply.

The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their interpretation of the events, focusing on what injuries you have suffered and the way they believe it happened. We will also look for expert opinions to support our assertions.

During the discovery process, your lawyer may submit legal documents, also known as motions to the court for a judge to decide on. These could include requests to the court to exclude certain evidence or to schedule an appointment for trial. It could take a year or more to complete the discovery process and determine a trial date for your case. It is essential to speak with an experienced Long Island auto accident law firm accident attorney as early as possible during the process.