The Intake Process for Car Accident Litigation

A lawyer who specializes in litigation involving car accidents can assist you in determining how strong your case is and how much your settlement could be worth. This is only possible when all the information you require is available.

The first step in a car crash lawsuit is known as discovery. In this phase, attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

The majority of the work that goes into a car auto accident attorney case is obtaining documentation. This could include evidence such as medical records, photos or witness statements. Generally, the more documentation you can provide to support your claim, the more convincing your argument will be.

A police report is the first piece of paper you should have. The police officer who arrives at the scene of an accident will usually write a report. It will give valuable information regarding the accident as well as who was responsible.

Your attorney can also use the law enforcement report to obtain additional evidence if required. If the centerville auto accident lawyer occurred in the business environment for instance an employee could have recorded video footage. If this is the case, you must request a copy from the company.

You should also keep track of any expenses you incurred as a result of the accident. This can include medical bills and records for your treatment, receipts for medicines rental car costs and in-home assistance or care transport costs, and more. You should also document any income lost due to your injury. You can use your old tax returns and pay stubs.

If you can, get the names of witnesses to the accident as well. These people can serve as important sources of information in your case, particularly in the event that they are able to be a witness in a trial. However, it is important to remember that witnesses may alter their story over time and may forget details of the incident.

Intake and Investigation

If you've filed a claim with an insurance firm or are beginning legal action against a negligent driver, the process of obtaining an intake is essential to obtaining an adequate and fair settlement for the accident injuries. Your attorney will begin by reviewing your medical records, obtaining copies of accident reports as well as other evidence. They will also go to and document the accident scene.

This information will assist them understand the extent of your injuries both in terms of future and anticipated costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to determine the value of your case. The damages could include not just your current and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and analyzing the available evidence. They will also obtain information about the driving habits and cell phones of the at-fault drivers to determine how they used their vehicle at the time. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was working while on the job, since this could impact the ability of them to pay damages.

As part of the discovery procedure the lawyer will ask about the defendant's criminal and traffic conviction records. These information is generally not admissible, however they can be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents after which your lawyer can start negotiations to settle the matter. The insurance company is likely to make an initial offer that is less than what you requested in your letter. This is an opportunity to test the strength of your case. In your counteroffer it is crucial to emphasize the most important points that you have in your favor. For example, that the insurance company was responsible and that there were severe injuries as well as significant medical expenses. In the end, the back and forth negotiation will lead to an amount that is reasonable and fair.

An experienced accident lawyer can effectively argue your claim's merits including presenting proof to support your losses. This could include photos of the damage to your vehicle as well as a police report and witness testimony. We also know how to calculate the value of different elements of your claim, including loss of income, suffering and pain.

If, at this point, the insurance company still refuses to offer a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial typically lasts between one and two days, and auto accident attorney is heard either by either a judge or jury. If your case settles before this stage, it can take several months. Your attorney may be capable of filing a motion for summary judge. This is a way of presenting all the evidence to your advantage and auto accident attorney arguing that it's impossible for the opposing side to win.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to resolve their disputes outside of court. Our team will assist you in negotiating a settlement with the insurance company of the other driver company or directly with the party at fault. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint will list your claims and allegations about the cause of the crash and why you deserve compensation. The defendant will be served the Complaint and given a specified timeframe to respond to it.

During the discovery phase, our lawyers will share documents and other materials with the defendant while asking questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their view of the events, including the circumstances under which they believe the crash took place and what injuries you've suffered. We will also seek out expert opinions to support our position.

During the discovery phase, your lawyer can file legal documents known as motions in court to be decided by an individual judge. This can include requests for the court's decision to exclude certain evidence or to set an appointment for trial. It can take as long as one year for the investigation process to be completed and a trial date set. It is crucial to talk with an experienced Long Island auto accident attorney as early as you can during the process.