The Intake Process for Car Accident Litigation
A lawyer who specializes in car accident litigation can help you determine how solid your case is, and how much your settlement could be worth. This is only possible when all the information you require is available.
The initial step in a car
auto accident law firm lawsuit is called discovery. During this stage, attorneys and their teams will exchange documents and discuss questions under the oath.
Documentation
A lot of the work involved in a car accident case is collecting evidence. This can include evidence such as photographs, medical records, or witness statements. The more evidence you have the better your case will be.
The first piece of documentation you should have is a report from the police. The police officer who arrives at the scene of the accident is likely to prepare a written report. This will provide valuable information about the accident and who was responsible.
If required your attorney has to use the police report to gather additional evidence. For example, if the incident occurred in a business, an employee at that location might have recorded video footage of the incident. If this is the situation, a copy of the tape must be requested from the business as soon as is possible.
You should also record the expenses you incur in the aftermath of the
auto accident lawsuits. These could include medical bills or records of treatment, receipts from medications rental car costs as well as in-home assistance or
auto accident lawsuits care expenses for transportation, and more. Also, you should document the loss of income due to your injury. You can utilize old tax returns and pay stubs.
If you can, collect the names of witnesses to the
auto accident law firm as well. They may be able to provide important information, especially if you are able to have them give evidence in court. It is important to remember that witnesses can alter their narratives and forget specifics about the incident over time.
Intake and Investigation
If you have made an insurance company or are starting legal action against a negligent driver, the process of obtaining an intake is essential to receive an adequate and fair settlement for your crash injuries. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports and other evidence. They will also visit and document the accident scene.
This will allow them to comprehend the extent of the injuries you've suffered as well as the actual and projected costs for your emotional or physical suffering. They will then review your existing and expected financial losses to estimate the value of your case. Your damages may include not just future and present medical expenses, but also loss of income and property damage.
Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also collect driving and cell phone records of the drivers at fault to see how they used their vehicle during the time. This is especially important if there was a collision that involved an Uber or Lyft car, or any other indication that the driver was on the clock.
As part of the process of discovery, your lawyer will also inquire about the defendant's traffic and criminal record of offenses. These details are generally not admissible, but they could be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
After receiving the medical records, it is possible to begin settlement negotiations. The insurance company is likely to make an initial offer that is much smaller than the amount that you demanded in your letter. This is a way to test how convincing your case is. In the counteroffer, it's important to emphasize the strongest points in your favor - for example, the insured was entirely at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. The process of negotiating back and forth should eventually lead to a fair and reasonable amount.
An experienced accident lawyer will effectively argue the merits of your case, including presenting evidence to support your losses. This could include photographs of the damage to your vehicle, a police report and witness testimony. We can calculate the various components of your claim such as loss of income, pain and suffering and police report.
If the insurance company refuses to pay an amount that is reasonable at the moment, we can make a claim. A trial typically lasts between one and two days and is ruled on by jurors or a judge. If your case is settled before reaching this phase the process could take months. Your lawyer may also be able file a summary motion to dismiss. This means claiming that all evidence is in your favor and arguing it's impossible for the opposition to prevail.
Filing an action
In the majority of car accident cases, the parties are able to resolve their disagreement 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 person at fault. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and allegations regarding how the crash occurred and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a certain period of time to respond to it.
During the discovery phase, our lawyers will discuss documents and other evidence with the defendant, while asking questions through interrogatories and depositions. Our team will inquire to the lawyer of the defendant regarding their perspective on the events, including the injuries you've sustained and the way they believe it took place. We will also seek out experts to back our assertions.
During the discovery phase, your lawyer could prepare legal documents referred to as motions to the court to be ruled on by a judge. This could include asking the judge to exclude evidence or to schedule a trial. It can take a whole year or more to complete the discovery process and determine the trial date for your case. This is why it's vital to find a knowledgeable Long Island car accident attorney at the beginning of the process.