The Intake Process for Car Accident Litigation
An experienced lawyer in the field of car accident litigation will be able to help you determine the potential strength of your case and the amount of settlement you can receive. However this is only possible when you have all the necessary information.
Discovery is the first step of an auto accident case. In this phase, attorneys and their teams discuss documents and answer questions under oath.
Documentation
Documentation is a large part of the work in an auto accidents accident. This can include evidence such as photos, medical records, or witness statements. The more evidence you have, the better your case will be.
A law enforcement report is the first document you need. The police officer who arrives at the scene of an accident will typically prepare a report. This report will provide important details about the incident and the person responsible for it.
Your attorney can also use an official report from law enforcement to seek additional evidence in the event of need. For instance, if an incident took place in a commercial where employees were present, the area may have recorded footage of the incident. If this is the case, you should ask for a copy of the footage from the company.
You should also keep track of the costs you have incurred as a result of the accident. These could include medical bills and records for your treatment, receipts for medication rental car expenses and in-home assistance or care transport costs, and more. In addition, you should note any income loss as a result of your injury. This could include old pay stubs as well as tax returns.
If you are able, obtain the names of any witnesses to the accident as well. These people may be able to provide important information, especially if you are able to get them to give evidence in court. It is important to remember that witnesses can alter their story and forget details about the accident over time.
Intake and Investigation
The intake process is critical to getting an adequate amount of compensation for your accident injuries, whether you have filed a claim with an insurance company or are suing the at-fault party. Your attorney will start by reviewing your medical treatment documents, as well as copies of accident reports, and other evidence. They will also go to the scene of the accident to record and observe what they can.
This information will allow them to understand the extent of injuries you have suffered in relation to actual and projected costs for your emotional or physical suffering. Then, they will review your current and future financial losses to determine the worth of your case. Your damages may include not just future and present medical expenses, but also your loss of income as well as property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any evidence. They will also collect driving and cell phone records of the drivers who were at fault to determine if they were using their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was at work, as this could impact their ability to pay your damages.
As part of the discovery procedure as part of the discovery process, your lawyer will inquire about the defendant’s criminal and traffic record of offenses. These details are generally not admissible, but can be used to undermine the defendant’s credibility during cross-examination.
Negotiating a Settlement
Once you have received the medical records, you’re able to start settlement negotiations. The insurance company may make an initial offer that is much less than what you requested in your letter. This is an opportunity to determine the strength of your case. In the counteroffer, it is important to highlight the strongest arguments for your side – for instance, that the insured was at the fault, and that you suffered severe injuries with significant medical expenses. Negotiating back and forth should eventually lead to an acceptable and reasonable amount.
An experienced attorney can effectively argue for the benefits of your claim, by presenting evidence to prove your losses. This could include photos of the damage to your vehicle or a police report, as well as witness testimony. We are able to calculate various elements of your claim, including lost income, pain and suffering and police report.
If at this point the insurance company still refuses to offer a reasonable amount, we have the option to make a claim in court. A trial usually lasts between one and two days, and is judged by jurors or a judge. If your case is settled before reaching this phase the process could last months. Your attorney may be in a position to file a motion for summary judge. This involves asserting all of the evidence in your favor and arguing that it is impossible for the opposing side to win.
Filing an action
In the majority of car accident cases, the parties are able to settle their dispute outside of court. Our team can help you negotiate with the insurance company of the other driver 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 assertions and allegations regarding the cause of the crash and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a certain period of time to respond to it.
During the discovery phase, our lawyers will discuss documents and other material with the defendant while asking questions via interrogatories and depositions. Our team will pose questions to the defendant’s lawyer about their version of the events, such as what injuries you’ve suffered and what they believe happened. occurred. We will also request expert opinions that enforce our position.
During the discovery stage, your lawyer will file legal documents known as motions to the court to be decided by the judge. This could include asking the court to block evidence or schedule a trial. It could take a full year or more to complete the process of discovery and to set the trial date for your case. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.
