The Intake Process for Car Accident Litigation

A lawyer that specializes in car accident litigation can help you determine the strength of your case is and how the settlement you receive could be worth. However, this is only possible when you have all the information needed.

The initial step in a lawsuit involving a car accident is called discovery. During this stage attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

Documentation is a significant element of an auto accident lawyer accident. This could include evidence such as photographs, medical records or witness statements. Generally, the more documentation you can provide to support your claim the more convincing your case will be.

A police report is the first document you should have. Typically the police officer who comes to the scene of the accident will prepare an investigation report. This will give important details about how the crash occurred and who was at fault for the incident.

Your lawyer can also make use of an official report from law enforcement to pursue additional evidence, if needed. If the incident occurred in the workplace for instance an employee might have recorded video footage. If that's the case, a copy of the tape must be requested from the business as quickly as 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 can include medical bills as well as records of your treatment, receipts for medication rental car costs as well as in-home assistance or care as well as transportation costs. You should also document any income loss due to your injury. You can utilize old tax returns and pay stubs.

If you can, get the names of any witnesses to the accident as well. They might be able to provide valuable information, especially if you can get them to be a witness in court. It's important to remember that witnesses may change their accounts and forget details about the incident over time.

Intake and Investigation

If you've filed an insurance claim with an company or are preparing legal action against a negligent driver, the initial intake process is essential to obtaining full and fair compensation for the injuries you sustained in a crash. Your attorney will begin by reviewing your medical records, and obtaining copies auto accident lawyers reports and other evidence. They will also visit the site of the crash to take note of what they can.

This will help them comprehend the severity of your injuries as well as the future and projected costs for your physical and emotional suffering. Then, they'll review your financial losses to estimate the value of your case. The damages could not be limited to only future and ongoing medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also collect the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the collision. This is particularly important if the collision involved an Uber or Lyft vehicle, or Auto Accident Litigation any other sign that the driver was at work, as this could negatively impact their ability to cover your damages.

In addition your lawyer will also ask questions about the defendant's criminal and traffic offence history as part of the discovery process. These details are generally not admissible, but they could be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After obtaining the medical records then your lawyer will begin negotiations for settlement. Initially, the insurance company may make an offer that's usually significantly lower than the amount you request in the letter. This is a tactic to determine how strong your argument is. In your counteroffer, it's important to highlight the strongest points you have in your favor. For instance, if you claim the insurer was in the wrong and that there were severe injuries as well as significant medical expenses. In the end, back and forth bargaining will result in an amount that is fair and reasonable.

An experienced attorney can effectively argue the benefits of your claim, by presenting evidence to prove your losses. This may include photos of the damage to your vehicle, a police report and witness testimony. We also know how to calculate the value of various elements of your claim, including loss of income, suffering and pain.

If, at this point, the insurance company continues to refuse to provide a reasonable amount, we have the option to file a lawsuit in court. A trial usually lasts between one and two days, and is conducted by a judge or a jury. If your case settles prior to reaching this phase, the process can take months. Or, your lawyer may be in a position to file a motion for summary judgement. This involves asserting that all evidence is in your favor, and arguing it's impossible for the other side to prevail.

Filing an action

In the majority of car crash cases, the parties can settle their disputes without the need for court. Our team will work to help you negotiate a settlement with the insurance company, or directly with the person at fault. If an agreement cannot be reached Our lawyers will bring a lawsuit against the defendant. The Complaint will list your claims and allegations regarding the circumstances 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 lawyers will share documents and other evidence with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, focusing on what they believe happened, how they believe it took place and what injuries you have suffered. We will also seek expert opinions that will support our stance.

During the discovery process, your lawyer may file legal documents called motions to the court for a judge to decide on. These could include requests to the court to exclude certain evidence or to schedule an appointment for trial. It could take a year or more to complete the process of discovery and to set a trial date for your case. It's crucial to consult with an experienced Long Island auto accident claim auto accident claim litigation [217.195.35.4] accident attorney as early as you can during the process.