The Intake Process for Car Accident Litigation

A lawyer who is experienced in the field of car accident litigation can help you determine the potential strength of your case and the amount of settlement you can get. This is only possible if all the information you need is available.

The first step in a lawsuit involving a car accident is known as discovery. During this phase, attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

A significant portion of the work that goes into a car accident case is obtaining documentation. This may include evidence such as medical records, photos, or witness statements. The more evidence you have the better your case will be.

The first piece of evidence you should have is a report from the police. The police officer who arrives at the scene of the accident will usually write a report. It will provide important details about the accident and who was responsible.

If needed, your attorney can use the police report to gather additional evidence. If the accident occurred in an office such as a place of business an employee might have recorded video footage. If this is the case, request a copy of the video from the business.

Record any expenses you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. These could include medical bills and records for your treatment, receipts for medication rental car expenses as well as in-home care or assistance transport costs, and more. Additionally, you must keep track of any income loss because of your accident. You can utilize old tax returns and Vimeo pay stubs.

You should also obtain the names of witnesses. They can be important sources of information in your case, Vimeo especially those who are able to be a witness in a trial. It's important to remember that witnesses can alter their story and forget details about the incident as time passes.

Intake and Investigation

If you have made an insurance company or have started an action against an at-fault driver, the initial intake process is essential to obtaining full and fair compensation for your injuries from a crash. Your attorney will start by looking through your medical records, and obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.

This information will enable them to determine the severity of the injuries you've suffered in relation to future and current costs for your physical or emotional suffering. Then, they'll review your financial losses in order to estimate the value of your case. Your damages may include not just future and present medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also take driving and cell phone records of the drivers who were at fault to determine how they operated their vehicle at that time. This will be especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working while on the job, as it could affect their ability to pay for your damages.

In addition to this your lawyer will also inquire about the defendant's previous criminal and traffic offense history during the discovery process. These details are generally not admissible in court, however they could be helpful to impeach the defendant's credibility in cross-examination.

The process of negotiating a settlement

After receiving the medical records, you can start settlement negotiations. The insurance company is likely to make an initial offer that is less than the amount you requested in your letter. This is a way to assess the strength of your case. In the counteroffer, it is important to highlight the strongest points in your favor - for example, that the insured was completely at the fault and that you sustained severe injuries with the highest medical costs. Negotiating back and forth will eventually lead to an acceptable and reasonable amount.

An experienced attorney can successfully argue the merits of your claim, including presenting evidence to support your losses. This may include photos of your car damages, police reports and witness testimony. We have the ability to calculate various aspects of your claim like lost income or pain and suffering, as well as police reports.

If the insurance company refuses to pay an acceptable amount at this point, vimeo we could start a lawsuit. A trial usually lasts up to two days and can be heard by an individual judge (called a bench trial) or by a jury. If your case is settled prior to reaching this stage the process could take months. Or, your lawyer may be in a position to file a motion for summary judge. This means presenting all of the evidence in your favor and arguing that it's impossible for the other side to win.

Filing an action

In the majority of car crash cases parties can resolve their disagreement without the need for court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver who was at fault. If an agreement is not 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 are entitled to compensation. The defendant will be served the Complaint and given a specified time frame to respond to it.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will be asking questions to the defendant's lawyer about their interpretation of the events, including what injuries you have suffered and how they believe it happened. We will also seek out expert opinions to support our position.

During the process of discovery, your lawyer could submit legal documents, also known as motions to the court for a judge to rule on. This may include requests for the court's decision to exclude certain evidence or to schedule an appointment for trial. It can take up an entire year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible during the process.