The Intake Process for Car auto accident attorney Litigation

A lawyer who specializes in litigation involving car accidents can help you determine how solid your case is as well as how the settlement may be worth. However it is only possible with all the necessary information.

The initial step in a car crash lawsuit is known as discovery. During this phase, auto Accident attorney attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

A large portion of the work involved in a car crash case is collecting documentation. This could include evidence like photographs, medical records or witness statements. The more evidence you have the more convincing your case will become.

The first piece of evidence you should have is a police report. Typically, the police officer who comes to the scene of the accident will draft the report, and it will provide important information about what happened and who was at fault for the incident.

Your attorney may also make use of a law enforcement report to obtain additional evidence if necessary. For instance, if the incident took place in a commercial the employee who worked at that location might have recorded footage of the incident. If this is the case, request a copy of the video from the company.

You should also document the expenses you incur as a result of the accident. This could include medical expenses as well as records of your treatment, medication receipts rental car costs, in-home assistance or care expenses for transportation, and more. It is important to record any income lost due to your injury. This can include old pay slips and tax returns.

You should also try to obtain the names of witnesses. They can be valuable sources of information for your case, especially when they can be present at trial. It's important to keep in mind that witnesses can alter their narratives and forget specifics regarding the accident as time passes.

Intake and Investigation

If you've filed a claim with an insurance company or are starting a lawsuit against an at-fault driver, the process of intake is crucial to getting full and fair compensation for your injuries from a crash. Your attorney will begin by reviewing your medical records, as well as obtaining copies of accident reports and other evidence. They will also visit the scene of the accident to document and observe what they can.

This will help them to understand the extent of the harm you've suffered as well as the future and current costs for your physical or emotional suffering. Then, they'll review your financial losses to determine the value of your case. The damages could not be limited to 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 interviewing witnesses and reviewing any available evidence. They will also gather driving and cell phone records of the drivers at fault to determine if they were using their vehicle during the time. This is particularly important if there was a collision involving an Uber or Lyft vehicle or any other indication that the driver was working around the clock.

As part of the discovery process Your lawyer will inquire about the defendant's criminal and traffic offence records. These facts are usually not admissible, but can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

After receiving the medical records, you're able to begin settlement negotiation. The insurance company will typically make an initial offer that is much less than what you demanded in your letter. This is a way to test how convincing your case. In your counteroffer, it is crucial to emphasize the most important arguments in your favor. For instance, you could argue that the insurer was in the wrong and that there were severe injuries and expensive medical expenses. Negotiating back and forth should eventually lead to a fair and reasonable amount.

An experienced auto accident lawyer will effectively argue the merits of your claim, by presenting evidence to prove your losses. This could include photos of vehicle damage, police reports or witness testimony. We also know how to determine the value of each element of your claim, including loss of income, pain and suffering.

If the insurance company refuses to pay an amount that is reasonable at the moment, we can start a lawsuit. A trial usually lasts for between one and two days. It can be heard by a judge (called a bench trial) or jurors. If your case is settled prior to this stage it could take several months. Alternatively, your attorney may be able to file a motion for summary judgement. This means presenting 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 accident instances, parties can settle their dispute outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the party at fault. However, if an agreement cannot be reached the lawyers of our firm will file a lawsuit against the defendant. The complaint contains your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a specified amount of time to respond.

During the discovery phase, our attorneys will exchange documents and other information with the defendant while asking questions via interrogatories and depositions. Our team will pose questions to the defendant's lawyer about their view of the events, focusing on what damages you've suffered and how they believe it happened. We will also look for experts to back our claims.

During the discovery phase, your lawyer can submit legal documents, also known as motions to the court for a decision by a judge. This could mean asking the court to exclude evidence or set a trial date. It can take a whole year or more to complete the discovery process and set an appointment date for your case. It is essential to speak with an experienced Long Island auto accident attorney early in the process.