The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can help you determine the strength of your case is and also how much your settlement could be worth. However this is only possible when you have all the information needed.

The first step in a lawsuit involving a car accident is called discovery. During this phase attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

The majority of the work involved in a car accident case is collecting evidence. This may include evidence such as photographs, medical records or witness statements. The more evidence you have, the more convincing your case will be.

The first piece of documentation you should have is a police report. Typically, the police officer who arrives at the scene of the accident will draft reports, and these will provide important information about how the crash occurred and who was at fault for the incident.

If required you need to, your attorney can make use of a police report to gather additional evidence. If the incident occurred in the business environment such as a place of business employees may have recorded video footage. If this is the situation, the tape must be requested from the business as quickly as it is possible.

Keep track of any expenses you incur as a result of the accident. Document all expenses you have incurred as a result of. This could include medical bills or records of treatment, receipts for medication, rental car charges as well as in-home assistance or care expenses for transportation, and more. Also, you should document the loss of income due to your accident. You can use old tax returns and pay stubs.

If you are able to, request the names of witnesses to the incident as well. These witnesses can be valuable sources of information for your case, especially in the event that they are able to give evidence at trial. However, it's important to keep in mind that witnesses are prone to altering their testimony over time and they may forget details about the incident.

Intake and Investigation

Whether you have filed a claim with an insurance company or have started an action against the at-fault driver, the initial intake process is essential for obtaining full and fair compensation for your injuries from a crash. Your attorney will start by reviewing your medical treatment records, and obtaining copies of accident reports and other available evidence. They will also go to and document the auto accident lawsuit scene.

This information will help them determine the extent of your injuries, both in terms of future and current costs for your emotional and physical suffering. They will also review your financial losses to determine the value of your case. The damages could not be limited to only future and ongoing medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing all available evidence. They will also collect data from the cell phone and driving records of the at-fault drivers to determine if they were using their vehicle at the time. This is especially important in the event that there was a collision that involved an Uber or Lyft car, Auto Accident attorneys or any other indication that the driver was working around the clock.

In addition your attorney may ask questions about the defendant's previous criminal and traffic convictions as part of the discovery process. In general, these information are not admissible in court but they can be useful to discredit the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents after which your lawyer can start negotiations on settlement. In the beginning the insurance company may make an offer that's usually significantly lower than the amount you request in the letter. This is a method to determine how strong your case is. In the counteroffer, it's important to highlight the strongest points in your favor - for instance, that the insured was entirely at the fault and that you sustained severe injuries with the highest medical costs. Negotiating back and forth should eventually result in an acceptable and reasonable amount.

An experienced accident lawyer can successfully argue for your claim's merits, by presenting evidence to justify your losses. This could include photos of vehicle damages, police reports and witness testimony. We can calculate various aspects of your claim, including loss of income along with pain and suffering as well as a police reports.

At this point, if the insurance company still refuses to offer a fair amount, we can choose to file a lawsuit in court. A trial usually lasts between one and two days, auto accident lawsuits and is ruled on by a judge or a jury. If your case is settled prior to reaching this phase the process could last months. Or, your lawyer may be in a position to file a motion for summary judgement. This involves arguing that all evidence is in your favor, and arguing that it is impossible for the opposition to prevail.

Filing an action

In a majority of car accident cases, the parties can resolve their disputes outside of court. Our team will work to assist you in negotiating an agreement with the other driver's insurance company or directly with the party at fault. If an agreement is not reached, our lawyers will start a lawsuit against the defendant. The Complaint will list your claims and details about how the accident occurred and why you deserve compensation. The defendant will be served with the Complaint and given a specified amount of time to respond.

During the discovery phase, our attorneys will exchange documents and other material with the defendant and ask questions via interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you have suffered. We will also solicit expert opinions that will support our stance.

During the discovery process, your lawyer can make legal motions to the court for a judge to decide on. These could include requests to the court to omit certain evidence or to set a trial date. It can take a whole year or more to complete the discovery process and establish the date of trial for your case. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible during the process.