The Intake Process for Car Accident Litigation
A lawyer with experience in the field of car accident litigation will be able to help you determine the potential strength of your case and how much settlement you could receive. However, this is only possible with all the relevant information.
The first step in a lawsuit involving a car accident is called discovery. During this stage, attorneys and their teams will discuss documents and answer questions under the oath.
Documentation
A large portion of the work that goes into a car accident case is obtaining documentation. This can include evidence like photographs, medical records or witness statements. The more documentation that you have the more convincing your case will be.
A police report is the first piece of paper you should have. The police officer who arrives at the scene is likely to prepare a written report. This report will provide important details about the incident and who was responsible.
If needed your lawyer has the option of using the police report to gather additional evidence. If the incident occurred in the business environment, for example an employee could have recorded video footage. If this is the case, you should request a copy from the company.
You should also keep track of any expenses you incurred as a result of the accident. This could include medical bills and records for your treatment, receipts for medications rental car expenses and in-home assistance or care transport costs, and much more. You should also document the loss of income due to your injury. You can utilize old tax returns and pay stubs.
You should also try to obtain the names of witnesses. They might be able to provide valuable details, especially if are able to have them testify in court. However, it’s important to remember that witnesses can alter their accounts over time, and may forget details of the incident.
Intake and Investigation
The process of intake is crucial in obtaining fair compensation for your injuries sustained in an accident regardless of whether you’ve submitted an insurance claim or are suing the at-fault party. Your lawyer will begin by reviewing your medical records, obtaining copies of accident reports and other evidence. They will also visit and document the accident scene.
This information will help them understand the extent of your injuries as well as the current and projected future costs for your physical and emotional suffering. Then, they will review your financial losses in order to determine the value of your case. Your damages can include not only your present and future medical costs, but also lost income and property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also take the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the crash. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was on the job, since this could negatively impact their ability to pay for your damages.
Additionally your lawyer will also inquire regarding the defendant’s prior criminal and traffic convictions in the discovery process. Generally, these details are not admissible in court, but they can be useful to discredit the credibility of the defendant during cross examination.
Negotiating a Settlement
After obtaining the medical records after which your lawyer can start negotiations for settlement. The insurance company may make an initial offer that is smaller than the amount that you demanded in your letter. This is an opportunity to assess the strength of your argument. In the counteroffer it is crucial to highlight the most powerful arguments for your side – for example, the insured was at the fault, and that you suffered serious injuries that resulted in significant medical expenses. Eventually, bargaining back and forth will lead to an amount that is reasonable and fair.
A skilled accident attorney will effectively argue the merits of your claim, including presenting evidence to support your losses. This could include photographs of the damage to your car, a police report and witness testimony. We know how to calculate various elements of your claim, including lost income as well as pain and suffering, and police report.
If the insurance company refuses to pay an acceptable amount at this point, we may file a lawsuit. A trial usually lasts between one and two days. It is usually ruled by an individual judge (called a bench trial) or by jurors. If your case settles before this stage it could take several months. Your attorney may also be able to file a summary motion to dismiss. This is where you present all the evidence in your favor and arguing that it’s impossible for the other side to prevail.
Filing an action
In the majority of car accident cases, the parties can settle their dispute without going to court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will list your assertions and allegations regarding how the accident occurred and why you deserve compensation. The defendant will be served with the Complaint and given a particular timeframe to respond to it.
During the discovery phase, our lawyers will discuss documents and other evidence with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the defendant’s attorney questions about their version of the events, including what they believe happened, how they believe it took place and what injuries you’ve suffered. We will also seek out expert opinions to support our position.
During the process of discovery, your lawyer may submit legal documents, also known as motions to the court for a judge to rule on. This may include requests for the court’s decision to exclude certain evidence, or lawyers to set a trial date. It could take a year or more to complete the discovery process and set an appointment date for your case. It is essential to speak with an experienced Long Island auto accident law firms accident attorney at the earliest possible point during the process.