The Intake Process for Car Accident Litigation
A lawyer who is experienced in litigation involving car accidents can help you determine the strength of your case and what settlement amount you might get. However, this is only possible when you have all the necessary information.
The initial step in a car crash lawsuit is known as discovery. During this stage, attorneys and their teams will exchange documents and ask questions under oath.
Documentation
Documentation is an integral component of a car accident. This can include evidence like photos, medical records, 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. Typically the police officer who comes to the scene of the accident will write the report, and it will contain important information about how the accident occurred and who was at fault for the incident.
If necessary you need to, your attorney can make use of an investigation report to collect additional evidence. For example, if the incident took place in a commercial or office, an employee working at the area may have recorded footage of the incident. If this is the case, you must ask for a copy of the footage from the company.
You should also document any expenses you incurred due to the accident. This can include medical bills and records of your treatment, receipts for medication rental car expenses home care or assistance transport costs, and more. In addition, you should keep track of any income loss as a result of your accident. You can use your old tax returns and pay stubs.
It is also advisable to find the names of witnesses. These witnesses can be valuable sources of information for your case, particularly those who are able to testify at trial. It is important to remember that witnesses can change their story over time and they may forget details about the incident.
Intake and Investigation
The intake process is critical to receiving fair settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or you are suing the person at fault. Your lawyer will begin by looking through your medical documents, and then obtaining copies accident reports and other available evidence. They will also go to and document the scene of the accident.
This information will help them understand the extent of your injuries, both in terms of future and current costs for your emotional and physical suffering. Then, they will look at your current and future financial losses to determine the value of your case. The damages you incur could include not only your present and future medical expenses but also lost income and property damage.
Your lawyer will also investigate and interview witnesses and analyzing the available evidence. They will also obtain the at-fault driver's driving and cell phone records to see how they used their vehicle at the time of the collision. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working while on the job, as this could impact their ability to cover your damages.
Additionally your attorney may ask questions regarding the defendant's prior criminal and traffic convictions in the discovery process. These details are typically not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.
The process of negotiating a settlement
After you've obtained the medical documents, your lawyer can begin negotiations on settlement. In the beginning the insurance company may make an offer that is often significantly lower than the amount you have requested in the letter. This is a strategy to determine how strong your case is. When you counteroffer, it's crucial to highlight the most powerful arguments to your advantage. For instance, you could argue that the insurer was at fault and there were serious injuries and expensive medical expenses. Negotiating back and forth should eventually lead to an appropriate and fair amount.
A skilled attorney can effectively argue for your claim's merits, by presenting evidence to justify your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to calculate the value of various components of your claim, such as loss of income, suffering and pain.
If the insurance company refuses to pay an appropriate amount at this point, we may start a lawsuit. A trial usually lasts between one and two days and is heard either by an attorney or a jury. If your case settles before reaching this stage the process could last months. In addition, your attorney might be able to file a motion for summary judgment. This involves asserting all of the evidence to your advantage and arguing that it is impossible for the opposing side to win.
Filing a Lawsuit
In the majority of car crash cases parties can settle their dispute without going to court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company, or directly with the party at fault. If no agreement is reached, our lawyers will file a suit against the defendant. The complaint contains your claims and allegations relating to the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a specific time frame to respond to it.
During the discovery phase, our lawyers will share documents and other materials with the defendant and ask questions through interrogatories and depositions. Our team will ask the defendant's attorney questions about their view of the events, including what they believe happened during the crash, as well as how they think it happened and what injuries you have suffered. We will also seek out expert opinions to support our position.
During the process of discovery, your lawyer can make legal motions to the court for a judge to rule on. These could include requests to the court's decision to exclude certain evidence or to set an appointment for trial. It can take a whole year or more to complete the discovery process and
auto accident law firm set the trial date for your case. It is crucial to talk with an experienced Long Island
auto accident law firm auto accident attorney at the earliest possible point in the process.