The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can assist you in determining how strong your case is and also how the settlement you receive could be worth. This is only possible when all the information you require is available.

Discovery is the very first step of an Auto Accident Law Firms accident case. During this phase attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

A lot of the work that goes into a car accident investigation is gathering evidence. This could be evidence like photographs, Auto accident Law firms medical records or witness statements. The more evidence you can provide to support your claim, the stronger your claim will be.

A police report is the very first document you need. The police officer who arrives at the scene of an accident will usually prepare a report. It will provide important information regarding the accident as well as the person responsible for it.

If required your lawyer has the option of using a police report to gather additional evidence. For example, if the incident took place in a commercial where employees were present, the site might have recorded video footage of the incident. If this is the situation, the tape should be requested from the business as quickly as is possible.

You should also keep track of the costs you have incurred due to the accident. This could include medical bills as well as records of your treatment, receipts from medications rental car expenses and in-home care or assistance as well as transportation costs. Additionally, you must record any income loss because of your accident. You can utilize old tax returns and pay stubs.

It is also advisable to get the names of witnesses. They could be important sources of information in your case, particularly when they can be a witness in a trial. It is important to keep in mind that witnesses can alter their story over time and forget details of the incident.

Intake and Investigation

The process of intake is vital to getting fair compensation for your injuries from an auto accident law firms regardless of whether you've made an insurance claim or are suing the responsible party. Your lawyer will begin by reviewing your medical treatment records, obtaining copies of accident reports and other evidence. They will also visit and document the scene of the accident.

This information will allow them to assess the severity of the injuries you've suffered in terms of future and current costs for your physical or emotional suffering. They will also review your existing and expected financial losses to determine the value of your case. The damages could include not only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and analyzing the available evidence. They will also take the driver at fault's driving and cell phone records to see the way they used their vehicle at the time of the accident. This is especially important if there was a collision involving an Uber or Lyft car or any other indication that the driver worked while on the clock.

In addition, your attorney will likely ask questions about the defendant's criminal and traffic offense history as part of the discovery process. These facts are usually not admissible, but can be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

Once you have the medical records, you are able to begin negotiations for settlement. The insurance company will typically make an initial offer that is much lower than the amount you demanded in your letter. This is a method to determine how strong your argument is. When you counteroffer, it's crucial to emphasize the most important arguments you have to your advantage. For instance, you can say that the insurance company was in the wrong and that there were severe injuries and high medical costs. Negotiating back and forth will eventually lead to an equitable and reasonable amount.

A skilled attorney for accidents can effectively argue the benefits of your claim, by presenting evidence to prove your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to determine the value of each element of your claim, like lost income and pain and suffering.

If the insurance company is unwilling to pay a reasonable amount at the moment, we can make a claim. A trial usually lasts between one and two days and is judged by a judge or a jury. If your case is settled before this point it can take a few months. Your attorney may be in a position to file a motion for summary judgment. This is where you present all the evidence in your favor and arguing that it's impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car accident instances, parties can resolve their disagreement without the need for court. Our team will help you negotiate an agreement with the insurance company of the other driver company, or directly with the party at fault. However, if an agreement is not reached the lawyers of our firm will initiate a lawsuit against the defendant. The Complaint will detail your assertions and allegations regarding the circumstances of the crash and why you deserve compensation. The defendant is served the Complaint, and given a set time frame to respond.

The discovery stage is when our attorneys 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 regarding their perspective on events, including the circumstances under which they believe the crash happened and what injuries you've sustained. We will also look for expert opinions to support our assertions.

During the discovery phase, your lawyer could submit legal documents known as motions to the court for a judge to decide on. This could include asking the court to omit evidence or set a trial date. It could take a full year or more to complete the discovery process and determine the date of trial for your case. This is why it's important to consult with a seasoned Long Island car accident attorney early on in the process.