The Intake Process for Car Accident Litigation

A lawyer who is experienced in litigation involving car accidents will be able to assist you determine the potential strength of your case and the amount of settlement you can get. This is only possible if all the information you need is available.

Discovery is the initial step of a car accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

The majority of the work that goes into a car accident investigation is gathering evidence. This could be evidence like photographs, medical records, or witness statements. The more documentation that you have the more convincing your case.

The first piece of documentation you need is a law enforcement report. Typically, the police officer who comes to the scene of the accident will prepare a report, and this will contain important information about the circumstances of the crash and who was at fault for the incident.

If needed your lawyer has the option of using an investigation report to collect additional evidence. For instance, if the incident occurred at a company, an employee at that location might have recorded footage of the incident. If that's the case, the tape must be requested from the business as soon as is possible.

Note any costs you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records for your treatment, receipts for medications rental car charges and in-home assistance or care as well as transportation costs and more. Also, you should document any income lost due to your accident. You can utilize old tax returns and pay stubs.

If you are able to, request the names of witnesses to the accident as well. These witnesses can be valuable sources of information for your case, particularly if they are able to be a witness in a trial. It's important to remember that witnesses may alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

The intake process is essential to receiving an adequate amount of compensation for your injuries sustained in an accident, whether you have submitted an insurance claim or are suing the party at fault. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports as well as other evidence. They will also visit the site of the accident to document and observe what they can.

This information will help them know the extent of your injuries in relation to current and projected future costs for your physical and emotional suffering. They will then review your existing and expected financial losses to determine the total value of your case. Damages could include not only your current and future medical expenses but also lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and analyzing all the available evidence. They will also collect the driver at fault's driving and cell phone records to see the way they used their vehicle at the time of the accident. This is particularly important if there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver worked while on the clock.

In addition to this your attorney may inquire about the defendant's previous criminal and traffic convictions during the discovery process. Generally speaking, these facts are not admissible in court, but they can be useful to impeach the defendant's credibility in cross-examination.

Negotiating a Settlement

After obtaining the medical records then your lawyer will begin negotiations to settle the matter. The insurance company is likely to make an initial offer that is smaller than the amount that you requested in your letter. This is an opportunity to test the strength of your argument. In the counteroffer, you must be crucial to highlight the most powerful arguments for your side - for instance, that the insured was fully at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. Negotiating back and forth could eventually lead to a fair and reasonable amount.

A skilled accident attorney can effectively argue the merits of your case, including presenting evidence that supports your losses. This could include photos of car damage, police reports, and witness testimony. We also know how to determine the value of various components of your claim, such as loss of income, pain and suffering.

If at this point the insurance company still refuses to offer a reasonable amount, we can decide to make a claim in court. A trial usually lasts up to two days and is either heard by a judge (called a bench trial) or a jury. If your case settles prior to this phase it can take a few months. In addition, your attorney might be able to file a motion for summary judge. This is a way of claiming that all evidence is in your favor, and arguing that it's impossible to allow the opposition to win.

Filing a Lawsuit

In the majority of car crash cases, the parties can resolve their disputes without the need for vimeo court. Our team will work to assist you in negotiating an agreement with the insurance company of the other driver company or directly with the person at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will include your assertions and allegations regarding how the crash occurred and the reason you should be compensated. The defendant will be served with the Complaint and given a specified time frame to respond to it.

The discovery phase is when our attorneys and the defendant will begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of the events, such as what they believe happened during the crash, as well as how they think it occurred and what injuries you've sustained. We will also solicit expert opinions to support our position.

During the discovery phase, your lawyer could prepare legal documents referred to as motions in court for the decision of a judge. This can include requests for the court to exclude certain evidence or to set the date for a trial. It could take up to one year for the discovery process to be completed and a trial date to be set. It is crucial to talk with an experienced Long Island joshua auto accident lawyer accident attorney early during the process.