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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 also how the settlement you receive could be worth. This is only possible if all the information you need is available.

The initial step in a car crash lawsuit is known as discovery. During this stage, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

A significant portion of the work that goes into a car accident case is obtaining documentation. This can include evidence such as medical records, photos, or witness statements. The more documentation that you have the more convincing your case will become.

A police report is the primary document you should have. The police officer who arrives at the scene will usually prepare a report. This will provide valuable details about the accident and who was responsible.

Your lawyer can also make use of the report of a law enforcement officer to obtain additional evidence in the event of need. If the auto accident lawsuit occurred in the business environment, for example employees may have recorded video footage. If this is the case, the tape must be requested from the company as soon as is possible.

It is also important to document the costs you have incurred as a result of the accident. These could include medical bills and records of your treatment, receipts for medication, rental car fees and in-home assistance or care as well as transportation costs and many more. Also, you should document any income you lose due to your injury. This can include old pay stubs, as well as tax returns.

If you are able, obtain the names of witnesses to the incident as well. These people may be able to provide important information, especially if you are able to have them be a witness in court. However, it is important to remember that witnesses can change their stories over time and forget details of the incident.

Intake and Investigation

The process of intake is vital in obtaining fair compensation for your injuries from an accident regardless of whether you've filed a claim with an insurance company or are suing the party at fault. Your attorney will begin by examining your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the accident scene.

This information will allow them to comprehend the extent of the injuries you've sustained as well as the actual and projected costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. The damages you suffer could include not only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also take the at-fault driver's driving and cell phone records to see how they were using their vehicle at the time of the crash. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other indicator that the driver was working while on the job, since this could impact 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 traffic and criminal offense records. These facts are usually not admissible, but can be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After obtaining the medical records, your lawyer can begin negotiations on settlement. In the beginning, the insurance company will present an offer that's usually significantly lower than the amount you request in the letter. This is an opportunity to determine the strength of your case. In your counteroffer, it is essential to highlight the most compelling arguments to your advantage. For example, that the insurance company was responsible and that there were serious injuries as well as high medical costs. Then, back and forth bargaining will result in an amount that is fair and reasonable.

A skilled attorney for accidents can successfully argue the merits of your claim, including presenting evidence that supports your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to calculate the value of various elements of your claim, like lost income and suffering and pain.

At this point, if the insurance company continues to refuse to offer a fair amount, we can choose to make a claim in court. A trial typically lasts between one and two days. It is supervised by an individual judge (called a bench trial) or a jury. If your case settles prior to this phase it could take several months. Your attorney might also be able file a summary judgment motion. This involves asserting all of the evidence to your advantage and arguing that it is impossible for the opposing side to win.

Filing an action

In a majority of cases involving car accidents parties can settle their dispute out of court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company or directly with the at-fault party. However, if an agreement cannot be reached, our lawyers will start a lawsuit against the defendant. The Complaint will detail your claims and allegations regarding the circumstances of the crash and why you are entitled to compensation. The defendant is served with the Complaint, and given a certain amount of time to answer.

The discovery phase is where our attorneys and the defendant 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 perspective on events, focusing on what they believe happened, how they believe it occurred and what injuries you've sustained. We will also look for experts to back our claims.

During the discovery process your lawyer can submit legal documents, also known as motions to the court for a judge to decide on. This could include asking the court to block evidence or to schedule a trial. It can take a whole year or more to complete the discovery process and set a trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.