The Intake Process for Car Accident Litigation

A lawyer who is specialized in litigation involving car accidents can help you determine the strength of your case is as well as how the settlement you receive could be worth. This is only possible when all the information you need is available.

Discovery is the first step of a car accident case. In this phase attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

A significant portion of the work involved in a car accident case is obtaining documentation. This can include evidence like photographs, medical records or auto accident attorney witness statements. The more evidence you have the more convincing your case will be.

The first piece of evidence you need is a report from the police. The police officer who arrives at the accident scene will typically prepare a report. It will provide important details about the accident and 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 accident happened in a business the employee who worked at that location might have recorded footage of the incident. If this is the case, seek a copy from the company.

It is also important to document the costs you have incurred due to the accident. This could include medical bills, records of your treatment, receipts from medication rental car expenses and in-home care or assistance, transportation costs and more. You should also document any income you lose due to your auto accident lawyers. This could include old pay stubs, as well as tax returns.

You should also get the names of witnesses. These people may be able to give valuable information, especially if you can get them to give evidence in court. It is important to keep in mind that witnesses could alter their accounts and forget details about the accident over time.

Intake and Investigation

If you've made a claim with an insurance company or have started an action against an at-fault driver, the intake process is essential to obtaining the fair and complete compensation you deserve for your injuries from a crash. Your attorney will begin by reviewing your medical records, as well as obtaining copies accident reports and other evidence. They will also visit and document the accident scene.

This information will allow them to determine the severity of the harm you've suffered as well as the actual and projected costs for your emotional or physical suffering. They will then analyze your financial losses to determine the value of your case. The damages could comprise not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing any evidence. They will also obtain the at-fault driver's driving and cell phone records to see the way they used their vehicle at the time of the crash. This is particularly important when there was a collision involving an Uber or Lyft car, or any other indication that the driver was working on the clock.

Additionally your attorney may inquire about the defendant's past criminal and traffic convictions as part of the discovery process. These facts are usually not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After receiving the medical records, auto accident attorney you are able to start settlement negotiations. Initially, the insurance company will present an offer that is usually significantly lower than the amount you request in the letter. This is a method to test how convincing your case is. In the counteroffer, it is crucial to highlight the most powerful points in your favor - for instance, that the insured was at fault and that you suffered serious injuries that resulted in the highest medical costs. Then, the back and forth negotiation will result in an amount that is both fair and reasonable.

A skilled accident attorney can effectively argue for the merits of your claim including presenting evidence supporting your losses. This could include photos of car damage, police reports and witness testimony. We also know how to determine the value of various components of your claim, such as lost income and pain and suffering.

If at this point the insurance company refuses to offer a fair amount, we can choose to make a claim in court. A trial usually lasts between one and two days. It is either heard by a judge (called a bench trial) or by jurors. If your case is settled before reaching this phase, the process can take months. In addition, your attorney might be eligible to file an application for summary judgment. This involves arguing that all evidence is in your favour, and arguing that it's impossible for the opposing side to win.

Filing an action

In the majority of cases involving car auto accidents parties are able to settle their dispute out of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the person at fault. If no agreement is reached, our lawyers will file a suit against the defendant. The Complaint will include your claims and details about the cause of the crash and the reason you should be compensated. The defendant is served with the Complaint and given a specified amount of time to answer.

During the discovery phase, our lawyers will exchange documents and other material with the defendant and ask questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions about their version of the events, such as what they believe happened during the crash, as well as how they think it took place and what injuries you've suffered. We will also look for expert opinions to support our claims.

During the discovery phase, your lawyer could make legal documents known as motions in court for the decision of an individual judge. These could include requests to the court to exclude certain evidence or set the date for a trial. It could take a full year or more to complete the discovery process and set a trial date for your case. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can during the process.