The Intake Process for Car Accident Litigation

A lawyer with expertise in the field of car accident litigation can help you determine how solid your case is as well as how the settlement might be worth. This is only possible if all the information you need is available.

Discovery is the first step of an auto accident law firms accident case. In this phase, attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a large part of the work in an Auto Accident - Www.Medexmd.Com,. This could include evidence such as photographs, medical records or witness statements. The more documentation that you have the more convincing your case.

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 will typically prepare a report. This report will provide important information regarding the accident as well as who was responsible for it.

If necessary, your attorney can use the police report to gather additional evidence. If the accident happened in the workplace such as a place of business an employee could have recorded video footage. If that's the case, a copy of the tape must be requested from the business as soon as it is possible.

Keep track of any expenses you incur as a result of the accident. Record any costs you incur due to. This could include medical bills or records of treatment, receipts for medication rental car expenses for in-home assistance, care at home expenses for transportation, and more. In addition, you should record any income loss because of your injury. You can use tax returns and pay stubs.

If you are able to, request the names of any witnesses to the accident as well. They might be able to provide valuable details, especially if can get them to give evidence in court. However, it's important to remember that witnesses can alter their story over time and they may forget details about the accident.

Intake and Investigation

The process of intake is crucial to receiving an adequate amount of settlement for your accident-related injuries regardless of whether you've filed a claim with an insurance company or are suing the at-fault party. Your lawyer will begin by looking through your medical documents, and then obtaining copies accident reports and other available evidence. They will also go to the scene of the accident to document and observe what they can.

This information will allow them to understand the extent of the injuries you've sustained in terms of cost and projections for your physical or emotional suffering. They will then review your existing and expected financial losses to determine the total value of your case. Your damages may include not only future and current medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any 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 crash. This is especially important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was on the job, since this could negatively impact their ability to cover your damages.

In addition, your attorney will likely inquire regarding the defendant's prior criminal and traffic offense history in the discovery process. These details are generally not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents then your lawyer will begin negotiations for settlement. The insurance company will often make an initial offer that is much smaller than the amount that you requested in your letter. This is an opportunity to test the strength of your case. In your counteroffer, it's crucial to highlight the most powerful arguments you have to your advantage. For example, that the insurance company was in the wrong and that there were serious injuries and expensive medical expenses. Negotiating back and forth could eventually lead to a fair and reasonable amount.

A skilled accident attorney can successfully argue the merits of your claim, including presenting evidence supporting your losses. This could include photos of the damage to your vehicle as well as a police report and witness testimony. We know how to 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 a reasonable amount at this point, we can file a lawsuit. A trial usually lasts for up to two days and can be heard by a judge (called a bench trial) or by a jury. If your case settles before this point, it can take several months. Your attorney may also be able file a summary judgment motion. This involves asserting all of the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of cases involving car accidents, the parties are able to settle their disputes outside of 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 party at fault. If no agreement is reached, our lawyers will file a suit against the defendant. The Complaint outlines your claims and allegations about the incident and why you are entitled to compensation. The defendant is served with the Complaint, and given a specific amount of time to answer.

During the discovery phase, our lawyers will exchange documents and other materials with the defendant and ask questions via interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, focusing on what they believe happened during the crash, as well as how they think it occurred and the injuries you've suffered. We will also seek out expert opinions that will support our stance.

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