The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to help you determine the worth of your case and what settlement amount you might get. However, this is only possible when you have all the information needed.

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

Documentation

A lot of the work involved in a car accident case is collecting evidence. This could include evidence such as medical records, photos or witness statements. The more documentation that you have the more convincing your case will become.

The first piece of documentation you need is a report from the police. The police officer who arrives at the accident scene will usually prepare a report. It will provide important details about the accident and who was responsible for it.

If needed your attorney has to use the police report to gather additional evidence. For instance, if an incident occurred in a business or office, an employee working at the area may have recorded footage of the incident. If this is the case, you must request a copy of the video from the business.

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

If you are able to, request the names of any witnesses to the accident as well. They can be important sources of information in your case, particularly in the event that they are able to give evidence at trial. However, it's important to remember that witnesses can alter their story over time and forget details of the accident.

Intake and Investigation

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

This information will help them determine the extent of your injuries in relation to future and anticipated costs for your physical and emotional suffering. They will then look over your existing and expected financial losses to estimate the total value of your case. The damages you suffer could include not only future and ongoing medical expenses, but also loss of income and property damage.

Your lawyer will also investigate by interviewing witnesses and reviewing all available evidence. They will also collect the driver at fault's driving records and cell phone records to see how they were using their vehicle at the time of the accident. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was at work, as it could affect their ability to pay your damages.

Additionally your lawyer will also ask questions about the defendant's criminal and traffic convictions in the discovery process. Generally speaking, these facts are not admissible in court but they can be useful to undermine the credibility of a defendant during cross examination.

Negotiating a Settlement

Once you have the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company is likely to make an initial offer that is lower than the amount you requested in your letter. This is a method to determine the strength of your argument. In the counteroffer it is important to emphasize the strongest arguments in your favor, for example, that the insured was completely at blame and that you were afflicted with serious injuries that resulted in high medical expenses. Negotiating back and forth should eventually lead to an equitable and reasonable amount.

A skilled auto accident lawsuit lawyer can effectively argue your claim's merits including presenting proof to support your losses. This may include photos of the damage to your car along with a police report as well as witness testimony. We are able to determine the various elements of your claim, such as loss of income or pain and suffering, as well as police report.

If the insurance company refuses to pay an amount that is reasonable at the moment, we can start a lawsuit. A trial usually lasts between one and two days and is judged by either a judge or jury. If your case is settled prior to reaching this stage, the process can take months. Alternatively, your attorney may be eligible to file a motion for summary judge. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for the opposing side to prevail.

Filing a Lawsuit

In a majority of car accident cases parties can resolve their disputes outside of court. Our team will work to help you negotiate an agreement with the insurance company or directly with the at-fault party. If an agreement is not reached, our lawyers will file a suit against the defendant. The Complaint will contain your claims and allegations regarding the incident and why you are entitled to compensation. The defendant is served the Complaint, and given a specified time frame to respond.

The discovery phase is when our attorneys and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will inquire to the defendant's lawyer about their interpretation of the events, such as what injuries you've suffered and the way they believe it happened. We will also request expert opinions that will support our stance.

During the discovery phase, your lawyer can make legal documents known as motions to the court to be ruled on by the judge. This can include requests for the court to block certain evidence or to set a trial date. It could take up to one year for the discovery process to be completed and a trial date set. It is essential to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.