The Intake Process for Car Accident Litigation
A lawyer with experience in defending car accident cases will be able to assist you determine the strength of your case and the amount of settlement you can get. But, this is only possible if you have all the necessary information.
Discovery is the initial step of an
Auto Accident law Firm accident case. In this phase, attorneys and their teams exchange documents and
Auto accident law Firm discuss their respective cases under oath.
Documentation
A lot of the work involved in a car wreck case is collecting evidence. 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.
The first piece of documentation that you must have is a report from the police. The police officer who arrives at the scene of the
auto accident lawsuit will typically prepare a report. This report will provide important information regarding the accident as well as the person responsible for it.
If needed your attorney has to use an investigation report to collect additional evidence. If the incident occurred in a place of business, for example, an employee may have recorded video footage. If this is the case the tape must be requested from the business as soon as it is possible.
It is also important to document the costs you have incurred in the aftermath of the
auto accident. This could include medical bills and records for your treatment, receipts for medication, rental car fees home care or assistance, transportation costs, and more. Additionally, you must note any income loss because of your injury. This could include old pay stubs as well as tax returns.
If you are able, obtain the names of any witnesses to the accident as well. These witnesses can be valuable sources of information for your case, especially when they can be a witness in a trial. It is important to remember that witnesses may alter their stories over time and could forget specific details about the incident.
Intake and Investigation
The process of intake is crucial to getting an adequate amount of compensation for your injuries sustained in an accident regardless of whether you've filed a claim with an insurance company or are suing the at-fault party. Your attorney will start by looking over your medical treatment records, and obtaining copies of accident reports as well as other evidence. They will also go to the scene of the crash to take note of what they can.
This information will help them understand the extent of your injuries as well as the future and current costs for your physical and emotional suffering. They will then review your financial losses to estimate the total value of your case. The damages could include not only future and current medical expenses, but also your loss of income and property damage.
Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any evidence. They will also take the driver who was at fault and their driving cell phone records to see how they used their vehicle at the time of the collision. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle or any other indication that the driver was working on the clock.
As part of the discovery procedure Your lawyer will inquire about the defendant's traffic and criminal offence records. In general, these information are not admissible in court, but they can be useful to discredit the credibility of the defendant in cross-examination.
The process of negotiating a settlement
Once you have received the medical records, you're able to begin settlement negotiation. Initially, the insurance company will offer an offer that is often much lower than what you have requested in the letter. This is a strategy to determine how strong your argument is. In the counteroffer it is important to highlight the strongest arguments you have in your favor - for example, the insured was at blame and that you were afflicted with severe injuries with high medical costs. The process of negotiating back and forth should eventually result in an acceptable and reasonable amount.
A skilled attorney can successfully argue for
Auto Accident Law Firm your claim's merits, by presenting evidence to justify your losses. This may include photos of the damage to your car along with a police report as well as witness testimony. We know how to calculate various elements of your claim such as lost income or pain and suffering, as well as police report.
At this point, if the insurance company continues to refuse to provide a reasonable amount, we can choose to bring a lawsuit to court. A trial usually lasts for between one and two days. It is usually ruled by an individual judge (called a bench trial) or jurors. If your case is settled before reaching this stage the process could take months. In addition, your attorney might be in a position to file an application for summary judgment. This involves arguing that all evidence is in your favor, and arguing that it's impossible for the opposition to prevail.
Filing a Lawsuit
In the majority of car crash cases parties can resolve their disputes without going to court. Our team will assist you negotiate with the insurance company of the other driver or directly with the driver at fault. If an agreement cannot be reached our lawyers will start an action against the defendant. The Complaint outlines your claims and allegations relating to the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a specific timeframe to respond to it.
During the discovery phase, our attorneys will exchange documents and other information with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions about their view of the events, such as what they believe happened during the crash, as well as how they think it happened and what injuries you've suffered. We will also seek out expert opinions that will support our stance.
During the discovery stage, your lawyer will submit legal documents, also known as motions in court to be decided by a judge. This can include requesting the court to omit evidence or to schedule a trial. It can take as long as one year for the discovery process to be completed and a trial date set. This is why it's important to work with an experienced Long Island car accident attorney early on in the process.