The Intake Process for Car auto accident law firm Litigation
A lawyer who has experience in car auto accident law firms litigation will be able to assist you determine the strengths of your case as well as what settlement amount you might receive. But, this is only possible when you have all the information needed.
Discovery is the first step of a car accident case. During this phase attorneys and their teams will exchange documents and ask questions under an oath.
Documentation
Documentation is a significant component of a car accident. This could include evidence such as photos, medical records or witness statements. Generally, the more documentation you can provide to support your claim the stronger your claim will be.
A police report is the primary document you need. Typically the police officer who comes to the scene of the accident will draft an investigation report. This will provide crucial information on what happened and who was responsible for the incident.
If required your lawyer has the option of using an investigation report to collect additional evidence. If the accident happened in the workplace, for example an employee could have recorded video footage. If this is the case, you should request a copy of the video from the business.
Keep track of any expenses you incur because of the accident. These could include medical bills and records of your treatment, receipts for medication rental car charges home care or assistance as well as transportation costs and many more. Additionally, you must document any lost income due to your accident. This can include old pay slips and tax returns.
If you are able, obtain the names of any witnesses to the incident as well. These people can serve as important sources of information in your case, especially those who are able to be a witness in a trial. However, it is important to remember that witnesses may alter their testimony over time and could forget specific details about the accident.
Intake and Investigation
If you have made an insurance company or are starting an action against an at-fault driver, the intake process is essential to receive an adequate and fair settlement for the injuries you sustained in a crash. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the accident scene.
This will allow them to determine the severity of the injuries you’ve suffered as well as the actual and projected costs for your physical or emotional suffering. Then, they’ll review your financial losses in order to determine the value of your case. The damages could include not only future and current medical expenses, but also lost income and property damage.
Your lawyer will also investigate and interview witnesses and analyzing the available evidence. They will also gather driving and cell phone records of the at-fault drivers to determine how they used their vehicle at the time. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working while on the job, as this could impact their ability to pay for your damages.
As part of the process of discovery Your lawyer will inquire about the defendant’s criminal and traffic offence records. Generally speaking, these facts are not admissible in court, but they could be helpful to undermine the credibility of a defendant during cross examination.
The process of negotiating a settlement
After receiving the medical records, it is possible to begin settlement negotiation. The insurance company may make an initial offer that is smaller than the amount that you requested in your letter. This is a method to assess how strong your argument is. In the counteroffer, you must be crucial to highlight the most powerful arguments you have in your favor – for example, the insured was completely at the fault, and that you suffered severe injuries with high medical costs. Negotiating back and forth will eventually result in an equitable and reasonable amount.
A skilled attorney for accidents can effectively argue the merits of your case, including presenting evidence supporting your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to calculate the value of various elements of your claim, such as loss of income, suffering and pain.
At this point, if the insurance company continues to refuse to offer a reasonable amount, we can choose to make a claim in court. A trial typically lasts between one and two days, and is ruled on by jurors or a judge. If your case is settled before reaching this stage, the process can take months. Your attorney may also be able file a summary judgment motion. This means presenting all of the evidence to your advantage and arguing that it is impossible for the opposing side to win.
Filing a Lawsuit
In the majority of car accident cases, the parties are able to resolve their disagreement without going to court. Our team will assist you in negotiating a settlement with the insurance company of the other driver company or directly with the at-fault party. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and details about the cause of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain period of time to reply.
During the discovery phase, our attorneys will share documents and other material with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions about their version of the events, including how they believe the crash took place and what injuries you have suffered. We will also seek out expert opinions that will support our stance.
During the process of discovery, your lawyer may file legal documents called motions to the court for a judge to decide on. This may include requesting the court to exclude evidence or set a trial date. It could take a year or more to complete the discovery process and determine the trial date for your case. This is the reason it’s essential to consult with a seasoned Long Island car accident attorney early in the process.
