The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can help you determine how solid your case is as well as how the settlement might be worth. This is only possible when all the information you require is available.

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

Documentation

Documentation is an integral element of a car accident. This could be evidence like photographs, medical records or witness statements. The more evidence you have, the more convincing your case will be.

A police report is the first piece of paper you need. The police officer who arrives at the accident scene is likely to prepare a written report. This report will provide important information regarding the accident as well as who was responsible.

Your lawyer may also utilize the report of a law enforcement officer to gather additional evidence in the event of need. For instance, if the incident occurred at a company, an employee at that site might have recorded footage of the incident. If this is the case, the tape must be requested from the company as soon as possible.

Document any expenses you incurred in the aftermath of the accident. This can include medical bills and records for your treatment, receipts for medication, rental car fees as well as in-home care or assistance, transportation costs, and many more. You should also document any income you lose due to your injury. You can utilize old tax returns and pay stubs.

You should also get the names of witnesses. They may be able to give valuable details, especially if can get them to appear in court. But, it's important to remember that witnesses can alter their testimony over time and may forget details of the incident.

Intake and Investigation

If you have made a claim with an insurance company or are preparing legal action against a negligent driver, Lawyers the process of obtaining an intake is essential for obtaining an adequate and fair settlement for your crash injuries. Your attorney will start by reviewing your medical documents, as well as copies of accident reports, and other evidence. They will also visit and document the accident scene.

This information will help them determine the extent of your injuries as well as the future and anticipated costs for your physical and emotional suffering. Then, they will review your current and future financial losses to determine the value of your case. The damages could not be limited to only current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also take the driver at fault's driving and cell phone records to see how they used their vehicle at the time of the collision. 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 the lawyer may inquire about the defendant's past criminal and traffic offense history in the discovery process. These details are generally not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After obtaining the medical records and obtaining the medical records, your lawyer can begin settlement negotiations. The insurance company may make an initial offer that is lower than the amount you demanded in your letter. This is an opportunity to test the strength of your argument. In your counteroffer, it is important to highlight the strongest points that you have in your favor. For instance, if you claim that the insurer was at fault and there were severe injuries as well as significant medical expenses. Negotiating back and forth should eventually result in a fair and reasonable amount.

An experienced accident lawyer can successfully argue the benefits of your claim, including presenting evidence that supports your losses. This could include photos of the car damage, a police report and witness testimony. We also know how to determine the value of various elements of your claim, including lost income and pain and suffering.

If the insurance company refuses to pay an acceptable amount at this point, we can make a claim. A trial usually lasts for one or two days and is either heard by a judge (called a bench trial) or by jurors. If your case is settled prior to reaching this phase, the process can take months. Your attorney may be able to file a motion for summary judge. This is where you present all the evidence in your favor and arguing that it's impossible for the other side to prevail.

Filing an action

In a majority of car windsor heights auto accident law firm cases, the parties are able to settle their disputes outside of court. Our team will help you negotiate a settlement with the insurance company or directly with the at-fault party. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will include your assertions and allegations regarding the circumstances of the crash and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, focusing on how they believe the crash occurred and what injuries you've sustained. We will also seek expert opinions to support our position.

During the discovery process your lawyer may file legal documents called motions to the court to a judge's decision on. This may include requesting the court to block evidence or schedule a trial. It can take a year or more to complete the discovery process and set the trial date for your case. This is the reason it's essential to consult with a seasoned Long Island car accident attorney at the beginning of the process.