The Intake Process for Car Accident Litigation
A lawyer who specializes in litigation involving car accidents can help you determine how solid your case is, and how the settlement you receive could be worth. But, this is only possible if you have all the information needed.
Discovery is the first stage of a car accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.
Documentation
Documentation is a major aspect of the investigation in an auto accident lawsuits accident. This could be evidence like photographs, medical records or witness statements. The more evidence you have the more convincing your case.
The first document you need is a police report. The police officer who arrives at the scene of an accident will typically prepare a report. This report will provide important information regarding the accident as well as the person responsible for it.
Your attorney may also make use of the law enforcement report to gather additional evidence in the event of need. For instance, if an incident occurred at a company the employee who worked at that location may have recorded footage of the incident. If this is the situation, a copy of the tape should be requested from the business as soon as possible.
You should also record any expenses you incurred as a result of the accident. This could include medical bills and records of your treatment, receipts for medications rental car expenses, in-home care or assistance transport costs, and much more. Also, you should document any income loss due to your injury. This could include old pay slips and tax returns.
If you are able, obtain the names of any witnesses to the accident as well. They might be able provide valuable information, especially if are able to get them to be a witness in court. It’s important to remember that witnesses can alter their narratives and forget specifics about the accident over time.
Intake and Investigation
The process of intake is crucial to receiving fair compensation for your injuries from an accident, whether you have filed a claim with an insurance company or you are suing the person at fault. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports and other evidence. They will also go to and document the scene of the accident.
This information will allow them to determine the severity of the injuries you’ve sustained in relation to current and projected costs for your physical or emotional suffering. They will then look over your existing and expected financial losses to estimate the value of your case. The damages could include not only current and future medical expenses, but also your loss of income as well as property damage.
Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also take the driver at fault’s driving records and cell phone records to see the way they used their vehicle at the time of the accident. This is especially important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was on the job, as this could affect their ability to cover your damages.
As part of the process of discovery Your lawyer will ask about the defendant’s criminal and traffic conviction records. In general, these information are not admissible in court, however they could be helpful to discredit the credibility of the defendant during cross examination.
Negotiating a Settlement
After you have received your medical records, you’re able to begin settlement negotiation. In the beginning the insurance company will make an offer that is often much lower than what you request in the letter. This is a method to assess the strength of your argument. When you counteroffer, it’s important to highlight the strongest points you have in your favor. For example, the insurer was at fault and there were severe injuries and high medical costs. The process of negotiating back and forth should eventually lead to an equitable and reasonable amount.
A skilled attorney for accidents will effectively argue the benefits of your claim, by presenting evidence to prove your losses. This could include photos of the damage to your vehicle as well as a police report and witness testimony. We also know how to determine the value of various components of your claim, like loss of income, pain and suffering.
If the insurance company is unwilling to pay an appropriate amount at this point, we could make a claim. A trial usually lasts between one and two days and is ruled on by jurors or a judge. If your case settles before reaching this stage, the process can take months. Your attorney may also be able to file a summary motion to dismiss. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the other side to win.
Filing an action
In a majority of cases involving car accidents, the parties can resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint will outline your assertions and allegations regarding the circumstances of the crash and auto accident attorney the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a specified period of time to respond.
The discovery phase is when our attorneys and Auto Accident Attorney the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, including the circumstances under which they believe the crash occurred and what injuries you’ve suffered. We will also look for experts to back our position.
During the discovery phase, your lawyer may make legal motions to the court to a judge’s decision on. This could mean asking the court to block evidence or to schedule a trial. It can take as long as an entire year for the discovery process to be completed and a trial date to be set. It’s crucial to consult with an experienced Long Island auto accident attorney as early as you can during the process.