The Intake Process for Car Accident Litigation

An experienced lawyer in the field of car accident litigation will be able to assist you determine the strengths of your case as well as what settlement amount you might receive. This is only possible if all the information you require is available.

The initial step in a car accident lawsuit is called discovery. During this phase, attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

A large portion of the work that goes into a car accident investigation is gathering evidence. This can include evidence such as photographs, medical records or witness statements. The more evidence you can provide to support your claim, the more convincing your argument will be.

The first piece of evidence you should have is a law enforcement report. Typically, the police officer who comes to the scene of the accident will draft an investigation report. This will give important details about the circumstances of the crash and who was responsible for the incident.

If required your attorney has to use a police report to gather additional evidence. If the accident occurred in the business environment, for example an employee could have recorded video footage. If this is the case, a copy of the tape must be requested from the company as soon as is possible.

It is also important to document any expenses you incurred in the aftermath of the accident. These could include medical bills and records of your treatment, receipts for medication, rental car fees, in-home care or assistance expenses for transportation, and much more. In addition, you should keep track of any income loss due to your accident. This can include old pay stubs as well as tax returns.

You should also try to get the names of witnesses. These people may be able to provide important information, especially if you can get them to testify in court. But, it's important to remember that witnesses are prone to altering their accounts over time, and may forget details of the accident.

Intake and Investigation

Whether you have filed an insurance claim with an company or are starting a lawsuit against an at-fault driver, the process of intake is essential to receive an adequate and fair settlement for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical records, and obtaining copies of accident reports and other evidence. They will also visit and document the scene of the accident.

This information will help them determine the extent of your injuries both in terms of future and anticipated costs for your emotional and physical suffering. They will then analyze your financial losses to determine the total value of your case. The damages could include not just your current and future medical expenses but also lost income and property damage.

Your lawyer will also conduct an investigation, lawsuit including interviewing any witnesses and analyzing the available evidence. They will also take data from the cell phone and driving records of the drivers who were at fault to determine how they operated their vehicle during the time. This is particularly important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while working, as this could affect the ability of them to pay damages.

In addition the lawyer may inquire about the defendant's previous criminal and traffic offence history as part of the discovery process. These facts are usually not admissible, but can be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you are able to begin settlement negotiation. The insurance company will typically make an initial offer that is lower than the amount you requested in your letter. This is a way to test how convincing your case. In your counteroffer, it's important to highlight the strongest points you have in your favor. For instance, you can say that the insurer was responsible and that there were severe injuries as well as significant medical expenses. Then, the back and forth negotiation will lead to an amount that is fair and reasonable.

An experienced accident lawyer will effectively argue the merits of your claim, including presenting evidence supporting your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to calculate the value of different elements of your claim, like loss of income, suffering and pain.

If at this point the insurance company refuses to provide a reasonable amount, we have the option to file a lawsuit in court. 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 phase the process could take months. In addition, your attorney might be in a position to file a motion for summary judgement. This is a way of claiming that all evidence is in your favor, and arguing it's impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of cases involving car accidents, the parties can settle their disputes outside of court. Our team will work to assist you in negotiating an agreement with the insurance company, or directly with the at-fault party. However, if there is no agreement our lawyers will bring a lawsuit against the defendant. The complaint contains your claims as well as allegations regarding the accident and lawsuit why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond.

During the discovery phase, our lawyers will discuss documents and other materials with the defendant and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their view of the events, such as how they believe the crash took place and what injuries you've sustained. We will also seek out expert opinions to support our claims.

During the discovery phase, your lawyer could prepare legal documents referred to as motions to the court for a decision by the judge. These could include requests to the court to exclude certain evidence or to set a trial date. It can take a year or more to complete the discovery process and set an appointment date for your case. It is crucial to talk with an experienced Long Island plymouth auto accident attorney accident attorney early during the process.