The Intake Process for Car Accident Litigation
A lawyer with experience in litigation involving car accidents can help you determine the strength of your case and the amount of settlement you could receive. However it is only possible when you have all the information needed.
Discovery is the very first step of an auto accident (
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Documentation
Documentation is a major part of the work in an
auto accident. This can include evidence like photos, medical records or witness statements. In general, the more evidence you have to support your claim, the stronger your argument will be.
The first piece of evidence you should have is a law enforcement report. Typically the police officer who arrives at the scene of the crash will prepare a report, and this will give important details about how the accident occurred and who was responsible for the incident.
If necessary you need to, your attorney can make use of a police report to gather additional evidence. If the accident happened in an office such as a place of business, an employee may have recorded video footage. If this is the case, the tape should be requested from the business as quickly as it is possible.
Keep track of any expenses you incur in the aftermath of the accident. Record any costs you incur due to. This can include medical bills and records for your treatment, receipts for medications, rental car fees home care or assistance as well as transportation costs and much more. It is important to record any income you lose due to your injury. You can utilize old tax returns and pay stubs.
If you can, collect the names of any witnesses to the accident as well. They could be important sources of information in your case, particularly if they are able to give evidence at trial. It is important to remember that witnesses could alter their accounts and forget details about the incident as time passes.
Intake and Investigation
If you have made an insurance claim with an firm or are beginning legal action against a negligent driver, the intake process is essential to obtaining the full and fair amount of compensation for your crash injuries. Your lawyer will begin by looking through your medical documents, as well as copies of accident reports and other available evidence. They will also visit and document the accident scene.
This will allow them to understand the extent of injuries you have suffered in terms of current and projected costs for your physical or emotional suffering. They will then review your financial losses to estimate the value of your case. Your damages can comprise not only your current and future medical costs, but also lost income and property damage.
Your lawyer will also conduct an investigation and interview witnesses and reviewing all available evidence. They will also take data from the cell phone and driving records of the drivers at fault to determine if they were using their vehicle at that time. This is particularly important when there was a collision with an Uber or Lyft car, or any other indication that the driver was working on the clock.
As part of the discovery process, your lawyer will also ask about the defendant's criminal and traffic offense records. These details are typically not admissible but could be used to undermine the credibility of the defendant in cross-examination.
The process of negotiating a settlement
After receiving the medical records, you are able to begin settlement negotiations. Initially, the insurance company will make an offer that is often significantly lower than the amount you demand in the letter. This is a strategy to determine how strong your argument is. In the counteroffer it is crucial to emphasize the most important points in your favor - for example, the insured was completely at the fault and that you sustained severe injuries with significant medical expenses. Negotiating back and forth should eventually result in an appropriate and fair amount.
An experienced attorney can effectively argue for the merits of your case, including presenting evidence supporting your losses. This could include photos of car damage, police reports or witness testimony. We are able to determine the various elements of your claim, such as loss of income or pain and suffering, as well as police report.
If, at this point, the insurance company refuses to offer a reasonable amount, we can decide to bring a lawsuit to court. A trial usually lasts between one and two days and is judged by either a judge or jury. If your case settles before reaching this stage, the process can take months. Your attorney might also be able file a summary motion to dismiss. This involves asserting all of the evidence in your favor and arguing that it's impossible for the other side to prevail.
Filing a Lawsuit
In the majority of car accident cases, the parties can resolve their disagreement without going to court. Our team will assist you negotiate with the insurance company of the other driver or directly with the person who was at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The complaint contains your claims and allegations regarding the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified timeframe to respond to it.
The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will ask questions to the defendant's lawyer about their interpretation of the events, such as what injuries you have suffered and the way they believe it took place. We will also seek out expert opinions that enforce our position.
During the discovery phase, your lawyer may submit legal documents, also known as motions to the court for a judge's ruling on. This could include requests for the court's decision to exclude certain evidence or set a trial date. It can take a year or more to complete the discovery process and set the date of trial for your case. It's crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point during the process.