The Intake Process for Car Accident Litigation
A lawyer with expertise in litigation involving car accidents can help you determine how solid your case is as well as how the settlement you receive could be worth. However this is only possible with all the relevant information.
Discovery is the first step of a car accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath.
Documentation
Documentation is a significant element of a car accident. This could include evidence like medical records, photos, or witness statements. Generally speaking, the more evidence you have to support your claim the more convincing your claim will be.
A law enforcement report is the first piece of paper you need. The police officer who arrives at the accident scene will usually prepare a report. This report will provide important details about the incident and who was responsible for it.
Your lawyer may also utilize the law enforcement report to gather additional evidence, if needed. If the accident occurred in an office, for example employees may have recorded video footage. If this is the case, you must ask for a copy of the footage from the business.
You should also keep track of the costs you have incurred as a result of the accident. This can include medical bills and records of your treatment, receipts for medication rental car charges home care or assistance expenses for transportation, and more. In addition, you should note any income loss due to your injury. This could include old pay slips and tax returns.
If you can, collect the names of any witnesses to the incident as well. They can be valuable sources of information for your case, particularly when they can be a witness in a trial. However, it is important to remember that witnesses can alter their story over time and
Auto accident attorney they may forget details about the incident.
Intake and Investigation
Whether you have made an insurance claim with an company or are starting an action against an at-fault driver, the initial intake process is essential to receive an adequate and fair settlement for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical treatment records, obtaining copies of accident reports, and other evidence. They will also go to and document the
auto accident lawyers scene.
This information will enable them to assess the severity of injuries you have suffered as well as the current and projected costs for your emotional or physical suffering. They will also review your existing and expected financial losses to determine the value of your case. Your damages may include not only future and ongoing medical expenses, but also your loss of income as well as property damage.
Your lawyer will also conduct an investigation into the incident, including questioning witnesses and reviewing any available evidence. They will also take the driver at fault's driving records and phone records to determine the way they used their vehicle at the time of the accident. This is especially important in the event that there was a collision with an Uber or Lyft car, or any other indication that the driver was on the clock.
As part of the discovery process the lawyer will inquire about the defendant's criminal and traffic offense records. In general, these information are not admissible in court, however they can be useful to undermine the credibility of a defendant in cross-examination.
Negotiating a Settlement
After obtaining the medical records then your lawyer will begin settlement negotiations. Initially the insurance company will present an offer that is often substantially lower than the amount you demand in the letter. This is a method to test the strength of your argument. In the counteroffer, it's important to emphasize the strongest arguments you have in your favor - for example, that the insured was entirely at blame and that you were afflicted with severe injuries with high medical expenses. Negotiating back and forth will eventually result in an appropriate and fair amount.
A skilled accident attorney can successfully argue the merits of your claim including presenting evidence that supports your losses. This could include photographs of the damage to your vehicle as well as a police report and witness testimony. We can calculate various aspects of your claim such as lost income, pain and suffering and police report.
If the insurance company refuses to pay an acceptable amount at this point, we could start a lawsuit. A trial usually lasts between one and two days and is judged by either a judge or jury. If your case settles before reaching this stage the process could last months. Your attorney might also be able to file a summary judgment motion. This involves asserting that all evidence is in your favor, and arguing it's impossible for the opposing side to prevail.
Filing an action
In the majority of car accident cases, the parties are able to settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the person at fault. If an agreement is not reached Our lawyers will bring a lawsuit against the defendant. The Complaint contains your claims and allegations relating to the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a specified period of time to respond to it.
During the discovery phase, our lawyers will share documents and other evidence with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions about their view of the events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you've sustained. We will also seek expert opinions that enforce our position.
During the discovery process your lawyer can submit legal documents, also known as motions to the court for a judge to rule on. This could include asking the court to exclude evidence or set a trial date. It can take up an entire year for the discovery process to be completed and a trial date established. It is essential to speak with an experienced Long Island
auto accident attorney as early as you can in the process.