The Intake Process for Car Accident Litigation

A lawyer that specializes in car accident litigation can help you determine how strong your case is and how the settlement you receive could be worth. But this is only feasible when you have all the relevant information.

Discovery is the first stage of an auto accident attorney accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

The majority of the work involved in a car wreck case is obtaining documentation. This could include evidence such as photographs, medical records, or witness statements. The more evidence you have, the more convincing your case.

The first piece of documentation that you must have is a law enforcement report. Typically the police officer that comes to the scene of the accident will prepare an investigation report. This will contain important information about the circumstances of the crash and who was at fault for the incident.

Your attorney may also make use of an official report from law enforcement to gather additional evidence if necessary. For example, if the incident occurred in a business or office, an employee working at the location might have recorded video footage of the incident. If this is the case, a copy of the tape must be requested from the company as soon as it is possible.

Note any costs you have incurred because of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records of your treatment, receipts for medications, rental car fees home care or assistance expenses for transportation, and more. In addition, you should note any income loss as a result of your injury. This could include old pay stubs, as well as tax returns.

If you can, get the names of any witnesses to the accident as well. These people can serve as valuable sources of information for your case, particularly in the event that they are able to be present at trial. But, it's important to remember that witnesses may alter their stories over time and forget details of the incident.

Intake and Investigation

The intake process is essential to obtaining an adequate amount of compensation for your injuries from an accident, whether you have filed a claim with an insurance company or Auto Accident Attorney are suing the at-fault party. Your attorney will start by reviewing your medical documents, and then obtaining copies garfield auto accident attorney reports and other available evidence. They will also go to the scene of the accident to take note of what they can.

This information will allow them to determine the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then review your financial losses in order to estimate the value of your case. Damages could include not only your current and future medical costs but also lost income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing all available evidence. They will also gather the driving and cell phone records of the drivers who were at fault to determine how they operated their vehicle at that time. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was working while on the job, since this could affect the ability of them to pay damages.

As part of the process of discovery as part of the discovery process, your lawyer will ask about the defendant's criminal and traffic record of offenses. 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

Once you have the medical records, you're able to begin negotiations for settlement. The insurance company may make an initial offer that is much lower than the amount you requested in your letter. This is a way to determine the strength of your case. In your counteroffer it is crucial to highlight the most powerful points you have in your favor. For instance, you can say that the insurer was at fault and that there were serious injuries and significant medical expenses. Eventually, the back and forth negotiation should result in an amount that is both reasonable and fair.

A skilled attorney for accidents can effectively argue the merits of your claim, by presenting evidence to prove your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to calculate the value of various elements of your claim, including lost income and suffering and pain.

At this point, if the insurance company continues to refuse to offer a reasonable amount, we have the option to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is conducted by jurors or a judge. If your case settles before reaching this stage it could take months. Your attorney may be capable of filing a motion for summary judge. This means presenting all of the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of cases involving car accidents parties are able to resolve their disputes outside of court. Our team will assist you in negotiating a settlement with the other driver's insurance company, or directly with the person at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will include your assertions and allegations regarding how the crash occurred and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond to it.

During the discovery phase, our lawyers will share documents and other evidence with the defendant and ask questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as the circumstances under which they believe the crash occurred and what injuries you have suffered. We will also solicit expert opinions that enforce our position.

During the discovery phase, your lawyer could file legal documents known as motions in court to be ruled on by an individual judge. This could include asking the court to omit evidence or to schedule a trial. It can take as long as a year for the discovery process to be completed and a trial date set. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point in the process.