The Intake Process for Car Accident Litigation
A lawyer who has experience in litigation involving car accidents will be able to help you determine the worth of your case and what settlement amount you might receive. But this is only possible if you have all the relevant information.
The first step in a lawsuit involving a car accident is called discovery. In this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.
Documentation
Documentation is a significant part of the work in an auto accidents accident. This could be evidence like photographs, medical records, or witness statements. Generally, the more documentation you have to back your claim, the stronger your argument will be.
A law enforcement 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. It will give valuable details about the incident and who was responsible for it.
Your attorney may also make use of the report of a law enforcement officer to gather additional evidence if required. For instance, if an incident occurred at a company where employees were present, the location might have recorded video footage of the incident. If this is the case, request a copy from the company.
Document any expenses you incurred due to the accident. Document all expenses you have incurred as a result of. These could include medical bills and records for your treatment, receipts for medicines rental car costs home care or assistance transport costs, and many more. In addition, you should record any income loss as a result of your accident. You can utilize old tax returns and pay stubs.
You should also try to get the names of witnesses. These witnesses can be important sources of information in your case, particularly those who are able to be a witness in a trial. It is important to keep in mind that witnesses may change their narratives and forget specifics about the incident over time.
Intake and Investigation
The process of intake is crucial to obtaining an adequate amount of compensation for your accident injuries regardless of whether you’ve filed a claim with an insurance company or you are suing the person at fault. Your attorney will start by looking over your medical treatment records, obtaining copies of accident reports and lawyers other evidence. They will also visit and document the scene of the accident.
This information will help them know the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. Then, they will look at your financial losses in order to determine the value of your case. Your damages may include not only current and future medical expenses, but also loss of income as well as property damage.
Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any evidence. They will also gather driving and cell phone records of the at-fault drivers to determine how they used their vehicle at the time. 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 process, your lawyer will also inquire about the defendant’s traffic and criminal record of offenses. These information is generally not admissible but could be used to undermine the credibility of the defendant in cross-examination.
Negotiating a Settlement
After you’ve obtained the medical documents then your lawyer will begin settlement negotiations. 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 way to see how strong your case is. In the counteroffer, you must be crucial to highlight the most powerful points in your favor – for instance, that the insured was entirely at fault and that you suffered severe injuries with the highest medical costs. Negotiating back and forth will eventually lead to a fair and reasonable amount.
A skilled attorney can effectively argue your claim’s merits, by presenting evidence to justify your losses. This could include photos of the damage to your car or a police report, as well as witness testimony. We have the ability to calculate the various components of your claim like lost income or pain and suffering, as well as police reports.
If the insurance company refuses to pay an acceptable amount at the moment, we can bring a lawsuit. A trial usually lasts between one and two days, and is heard either by an attorney or a jury. If your case is settled prior to reaching this stage, the process can take months. Or, your lawyer may be capable of filing a motion for summary judgement. 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 a majority of cases involving car accidents, the parties are able to settle their disputes outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. If there is no agreement, our lawyers will file a lawsuit against the defendant. The Complaint will include your claims and allegations regarding the circumstances of the crash and the reason you should be compensated. The defendant will be served with the Complaint and given a particular timeframe to respond.
The discovery stage is when our lawyers and Lawyers the defendant will begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will ask the defendant’s attorney questions regarding their perspective on the events, including the circumstances under which they believe the crash took place and what injuries you’ve suffered. We will also search for expert opinions to support our assertions.
During the discovery phase, your lawyer may file legal documents known as motions in court for the decision of a judge. This could include requests for the court to omit certain evidence or to schedule a trial date. It can take up a year for the discovery process to be completed and a trial date set. It is essential to speak with an experienced Long Island auto accident lawsuits accident attorney at the earliest possible point during the process.