The Intake Process for Car Accident Litigation

An experienced lawyer in litigation involving car accidents will be able to assist you determine the strength of your case and the amount of settlement you could get. This is only possible if all the information you need is available.

Discovery is the very first step of an matthews auto accident law firm accident case. During this stage attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

A significant portion of the work that goes into a car accident case is obtaining documentation. This can include evidence like medical records, photos or witness statements. Generally speaking, the more evidence you have to back your claim, the stronger your argument will be.

The first piece of documentation you should have is a law enforcement report. Typically the police officer that comes to the scene of the accident will write the report, and it will contain important information about how the accident occurred and who was at fault for the incident.

If required, your attorney can use the police report to gather additional evidence. If the accident happened in the workplace such as a place of business an employee could have recorded video footage. If this is the case, you must seek a copy from the business.

Note any costs you have incurred because of the accident. Record any costs you incur due to. This can include medical bills, records of your treatment, medication receipts, rental car charges, in-home assistance or care transport costs, and many more. It is important to record 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 any witnesses to the accident as well. These witnesses can be valuable sources of information for your case, especially if they are able to testify at trial. It's important to keep in mind that witnesses can alter their accounts and forget details about the incident as time passes.

Intake and Investigation

The intake process is critical to obtaining an adequate amount of compensation for your injuries from an accident regardless of whether you've filed an insurance claim or you are suing the person at fault. Your attorney will start by reviewing your medical treatment records, obtaining copies of accident reports as well as other evidence. They will also go to and document the accident scene.

This will help them to assess the severity of the harm you've suffered in terms of future and current costs for your physical or emotional suffering. Then, they will review your current and future financial losses in order to estimate the value of your case. The damages you incur could comprise not only your current and future medical costs but also income loss and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing all available evidence. They will also gather the driver at fault's driving and cell phone records to see how they used their vehicle at the time of the accident. This is especially important in the event that there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was working around the clock.

As part of the discovery procedure, your lawyer will also ask about the defendant's traffic and criminal record of offenses. Generally, these details are not admissible in court but they can be useful to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After receiving the medical records, you can begin settlement negotiations. Initially, the insurance company will offer an offer that is often significantly lower than the amount you demand in the letter. This is a strategy to determine how strong your argument is. In the counteroffer it is crucial to emphasize the most important points in your favor - for instance, that the insured was completely at fault and that you suffered serious injuries that resulted in high medical expenses. Negotiating back and forth could eventually result in an appropriate and fair amount.

A skilled accident attorney will effectively argue the benefits of your claim, by presenting evidence to prove your losses. This could include photos of the car damage along with a police report as well as witness testimony. We know how to calculate various aspects of your claim, including lost income along with pain and suffering as well as a police reports.

If the insurance company is unwilling to pay an appropriate amount at this point, we may bring a lawsuit. A trial usually lasts between one and two days and is conducted by an attorney or a jury. If your case settles prior to reaching this phase, the process can take months. Alternatively, your attorney may be capable of filing an application for auto Accident Attorney summary judgment. This involves arguing that all evidence is in your favor, and arguing that it's impossible for the opposition to win.

Filing a Lawsuit

In the majority of car crash cases, the parties can settle their disputes without going to court. Our team will work to help you negotiate a settlement with the insurance company, or directly with the party at fault. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint will contain your claims and allegations relating to the accident, and explains why you are entitled to compensation. The defendant is served with the Complaint and given a certain time frame to respond.

During the discovery phase, our attorneys will exchange documents and other evidence with the defendant and ask questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, including how they believe the crash happened and what injuries you have suffered. We will also seek out expert opinions that will support our stance.

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