The Intake Process for Car Accident Litigation
A lawyer who is specialized in the area of car accident litigation will assist you in determining how strong your case is and how the settlement you receive could be worth. This is only possible if all the information you need is available.
Discovery is the very first step of an
auto accidents accident case. During this stage, attorneys and their teams exchange documents and discuss their respective cases under swearing.
Documentation
Documentation is a significant element of an
auto accident lawyer accident. This can include evidence like photographs, medical records, or witness statements. The more evidence you have, the more convincing your case.
The first document you should have is a report from the police. The police officer who arrives at the accident scene will usually write a report. This report will provide important details about the accident and who was responsible for it.
Your attorney can also use the law enforcement report to gather additional evidence if necessary. If the accident happened in an office for instance an employee might have recorded video footage. If this is the case, seek a copy from the company.
You should also document the costs you have incurred due to the accident. This could include medical bills or records of treatment, receipts from medication rental car costs 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 your old tax returns and pay stubs.
It is also advisable to find the names of witnesses. These witnesses can be valuable sources of information for your case, especially if they are able to give evidence at trial. However, it is important to remember that witnesses can change their story over time and they may forget details about the accident.
Intake and Investigation
The intake process is essential in obtaining fair compensation for your injuries from an accident regardless of whether you've filed a claim with an insurance company or you are suing the person at fault. Your attorney will start by looking through your medical records,
auto accident obtaining copies of accident reports and other available evidence. They will also go to the scene of the accident to document and observe what they can.
This information will help them know the extent of your injuries as well as the future and anticipated costs for your emotional and physical suffering. They will then analyze your financial losses to estimate the value of your case. The damages you incur could include not just your current and future medical expenses, but also lost income and property damage.
Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any evidence. They will also obtain the driving and cell phone records of the driver at fault in order to see how they used their vehicle during the time. This is particularly important if there was a collision involving an Uber or Lyft vehicle or any other evidence that suggests the driver worked while on the clock.
In addition to this, your attorney will likely ask questions about the defendant's previous criminal and traffic convictions as part of the discovery process. Generally, these details are not admissible in court, but they could be helpful to impeach the defendant's credibility in cross-examination.
Negotiating a Settlement
Once you have the medical records then your lawyer will begin negotiations for settlement. The insurance company is likely to make an initial offer that is much lower than the amount you demanded in your letter. This is a method to test how convincing your case. When you counteroffer, it's crucial to emphasize the most important arguments in your favor. For instance, if you claim that the insurer was at fault and there were severe injuries as well as expensive medical expenses. Negotiating back and forth will eventually lead to an equitable and reasonable amount.
A skilled attorney for accidents can effectively argue for the benefits of your claim, including presenting evidence to support your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to calculate the value of each element of your claim, such as lost income and pain and suffering.
If the insurance company is unwilling to pay an acceptable amount at this point, we can file a lawsuit. A trial usually lasts for between one and two days. It is supervised by an individual judge (called a bench trial) or by a jury. If your case settles prior to this phase, it can take several months. Alternatively, your attorney may be in a position to file a motion for summary judgement. This is a way of claiming that all evidence is in your favor, and arguing that it is impossible for the opponent to win.
Filing a Lawsuit
In the majority of car accident cases, the parties are able to resolve their disagreement outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the person who is at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint contains your claims and allegations regarding the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond to it.
The discovery phase is where our lawyers and the defendant begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events,
auto accident including how they believe the crash happened and what injuries you have suffered. We will also seek out expert opinions to support our position.
During the process of discovery, your lawyer may make legal motions to the court for a judge to rule on. This may include requesting the court to block evidence or to schedule a trial. It could take up to 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 attorney early in the process.