The Intake Process for Car Accident Litigation
A lawyer that specializes in litigation involving car accidents can help you determine how strong your case is and how much your settlement could be worth. However it is only possible with all the relevant information.
Discovery is the initial step of an
auto accident attorneys accident case. During this phase attorneys and their teams exchange documents and ask questions under oath.
Documentation
Documentation is an integral element of an
auto accident attorneys accident. This could be evidence like photos, medical records or witness statements. The more evidence you have, the more convincing your case will become.
The first piece of documentation you should have is a law enforcement report. The police officer who arrives at the scene of the accident is likely to prepare a written report. It will give valuable information about the accident and who was responsible.
If necessary your lawyer has the option of using the police report to gather additional evidence. For instance, if an incident occurred in a business or office, an employee working at the location might have recorded video footage of the incident. If this is the case the tape must be requested from the company as soon as is possible.
You should also keep track of the costs you have incurred due to the accident. This could include medical bills and records for your treatment, receipts from medication rental car charges as well as in-home care or assistance transport costs, and many more. It is also important to document any income lost due to your injury. You can use tax returns and pay stubs.
You should also try to get the names of witnesses. These people may be able provide valuable details, especially if can convince them to give evidence in court. It's important to keep in mind that witnesses may change their stories and forget details regarding the accident as time passes.
Intake and Investigation
If you've filed an insurance claim with an company or are starting legal action against a negligent driver, the process of intake is essential for obtaining an adequate and fair settlement for your crash injuries. Your lawyer will begin by examining your medical records and then obtaining copies accident reports and other evidence. They will also visit the scene of the accident to record and observe what they can.
This information will assist them understand the extent of your injuries, both in terms of future and projected costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to estimate the value of your case. The damages you suffer could include not only future and ongoing medical expenses, but also loss of income as well as property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also obtain the at-fault driver's driving and phone records to determine the way they used their vehicle at the time of the collision. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was working while on the job, as this could affect their ability to pay your damages.
As part of the discovery process as part of the discovery process, your lawyer will inquire about the defendant's criminal and traffic offence records. These details are generally not admissible in court, however they could be helpful to impeach the defendant's credibility during cross examination.
Negotiating a Settlement
Once you have received the medical records, you can start settlement negotiations. Initially, the insurance company will present an offer that's usually substantially lower than the amount you demand in the letter. This is a tactic to determine how strong your argument is. When you counteroffer, it's crucial to highlight the most powerful points you have to your advantage. For example, that the insurer was in the wrong and that there were severe injuries and significant medical expenses. The process of negotiating back and forth should eventually result in an equitable and reasonable amount.
A skilled attorney can successfully argue your claim's merits including presenting evidence to prove your losses. This could include photos of car damages, police reports and witness testimony. We also know how to calculate the value of different elements of your claim, including loss of income, suffering and pain.
At this point, if the insurance company refuses to offer a fair amount, we can decide to file a lawsuit in court. A trial usually lasts for between one and two days. It can be heard by an individual judge (called a bench trial) or by jurors. If your case is settled before reaching this phase it could take months. Your attorney might also be able file a summary motion for judgment. This means claiming that all evidence is in your favor, and arguing that it is impossible for the opposition to prevail.
Filing a Lawsuit
In a majority of car accident cases the parties can settle their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the person who is at fault. If an agreement cannot be reached Our lawyers will start an action against the defendant. The Complaint will include your claims and details about the cause of the crash and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified timeframe to respond to it.
During the discovery phase, our lawyers will share documents and other material with the defendant while asking questions through interrogatories and depositions. Our team will pose questions to the lawyer for the defendant about their version of the events, such as what injuries you have suffered and what they believe happened. happened. We will also seek out expert opinions to support our claims.
During the discovery phase, your lawyer can file
legal documents called motions to the court for a judge's ruling on. This can include requests for the court's decision to exclude certain evidence or set the date for a trial. It can take a whole year or more to complete the process of discovery and to set the trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point during the process.