The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can help you determine how solid your case is and how the settlement may be worth. This is only possible when all the information you require is available.

Discovery is the initial step of a car accident case. During this phase attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

A significant portion of the work involved in a car wreck case is obtaining documentation. This could be evidence like photos, medical records or witness statements. In general, the more evidence you can provide to support your claim the stronger your case will be.

A law enforcement report is the first document you need. Typically the police officer that arrives at the scene of the accident will draft a report, and this will contain important information about the circumstances of the crash and who was at fault for the incident.

Your attorney can also use the report of a law enforcement officer to gather additional evidence if required. For instance, if the incident occurred at a company or office, an employee working at the location might have recorded footage of the incident. If this is the case, you should request a copy from the business.

You should also record the expenses you incur in the aftermath of the fitzgerald auto accident attorney. This could include medical bills and records for your treatment, receipts for medications rental car expenses and in-home assistance or care as well as transportation costs and much more. Also, you should document the loss of income due to your injury. This could include old pay stubs as well as tax returns.

It is also advisable to obtain the names of witnesses. These witnesses can be valuable sources of information for your case, especially when they can give evidence at trial. It is important to remember that witnesses may alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

The process of intake is vital to obtaining fair compensation for your injuries from an accident regardless of whether you've submitted an insurance claim or you are suing the person at fault. Your attorney will start by reviewing your medical documents, as well as copies of accident reports, and other evidence. They will also go to and document the accident scene.

This will help them understand the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. They will then analyze your existing and expected financial losses to determine the value of your case. Your damages may include not only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence. They will also take data from the cell phone and driving records of the at-fault drivers to see how they used their vehicle during the time. This is particularly important if there was a collision that involved an Uber or Lyft vehicle, or any other indication that the driver worked while on the clock.

Additionally, your attorney will likely inquire regarding the defendant's prior criminal and traffic-related offenses in the discovery process. Generally speaking, these facts are not admissible in court, but they can be useful to impeach the defendant's credibility during cross-examination.

Negotiating a Settlement

After you have obtained the medical records after which your lawyer can start negotiations on settlement. Initially the insurance company will make an offer that is often significantly lower than the amount you demand in the letter. This is a method to determine the strength of your argument. In the counteroffer, it is crucial to highlight the most powerful points in your favor - for example, that the insured was entirely at fault and that you suffered serious injuries that resulted in high medical expenses. The process of negotiating back and forth should eventually result in an equitable and reasonable amount.

A skilled accident attorney will effectively argue the merits of your claim by presenting evidence to prove your losses. This may include photos of the car's damage or a police report, as well as witness testimony. We also know how to calculate the value of different elements of your claim, like lost income and suffering and pain.

If the insurance company is unwilling to pay an appropriate amount at this point, we may start a lawsuit. A trial usually lasts between one and two days and is judged by an attorney or a jury. If your case is settled before reaching this stage the process could last months. Alternatively, Auto Accident Attorney your attorney may be able to file a motion for summary judgement. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of car crash instances, parties can settle their disputes 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 at-fault party. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will detail your claims and allegations about the circumstances of the crash and the reason you should be compensated. The defendant will be served the Complaint and given a particular amount of time to respond.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, such as how they believe the crash happened and what injuries you have suffered. We will also look for experts to back our claims.

During the discovery phase, your lawyer may submit legal documents known as motions to the court for a judge's ruling on. This may include requests for the court's decision to exclude certain evidence, or to set an appointment for trial. It can take up a year for the discovery process to be completed and a trial date established. This is why it's vital to consult with a seasoned Long Island car accident attorney at the beginning of the process.