The Intake Process for Car Accident Litigation

A lawyer who is experienced in car accident litigation will be able to assist you determine the 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 first stage of a car accident case. During this phase attorneys and their teams discuss documents and answer questions under oath.

Documentation

Documentation is a large part of the work in an accident. This could include evidence such as photographs, medical records, or witness statements. The more evidence you have, the more convincing your case will be.

A police report is the first piece of paper you should have. The police officer who arrives at the scene of an accident is likely to prepare a written report. This will provide valuable information regarding the accident as well as who was responsible.

Your attorney may also make use of the law enforcement report to pursue additional evidence if necessary. If the accident happened in a place of business such as a place of business an employee could have recorded video footage. If this is the case, you must ask for a copy of the footage from the business.

You should also document the costs you have incurred due to the accident. These could include medical bills and records for your treatment, receipts for medicines rental car expenses and in-home assistance or care expenses for transportation, and much more. Additionally, you must keep track of any income loss as a result of your injury. This could include old pay stubs as well as tax returns.

You should also try to get the names of witnesses. These people can serve as important sources of information in your case, particularly those who are able to be present at trial. It's important to remember that witnesses can 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 you are suing the person at fault. Your lawyer will begin by reviewing your medical documents, as well as copies of newcastle auto accident law firm reports and other available evidence. They will also visit the scene of the crash to document and observe what they can.

This will help them comprehend the severity of your injuries in relation to current and projected future costs for your emotional and physical suffering. Then, they'll review your financial losses to estimate the value of your case. The damages could include not just future and present medical expenses, but also loss of income and Vimeo property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and reviewing all available evidence. They will also obtain the driver at fault's driving records and phone records to determine what they were doing with their vehicle at the time of the crash. This is particularly important when there was a collision that involved an Uber or Lyft car, or any other indication that the driver was on the clock.

In addition the lawyer may ask questions about the defendant's criminal and traffic offense history during the discovery process. These details are generally not admissible but could be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After you have obtained the medical records, your lawyer can begin negotiations for settlement. The insurance company will often make an initial offer that is lower than the amount you demanded in your letter. This is a method to test the credibility of your argument. In your counteroffer, it's crucial to emphasize the most important arguments to your advantage. For instance, if you claim the insurer was in the wrong and that there were serious injuries and expensive medical expenses. Negotiating back and forth should eventually result in a fair and reasonable amount.

A skilled accident attorney will effectively argue the merits of your case, by presenting evidence to prove your losses. This could include photos of the damage to your car or a police report, as well as witness testimony. We are able to determine the various elements of your claim, such as lost income or pain and suffering, as well as police reports.

If the insurance company refuses to pay an acceptable amount at this point, we could start a lawsuit. A trial typically lasts one or two days and Vimeo is usually ruled by a judge (called a bench trial) or a jury. If your case settles before reaching this stage it could take months. Your lawyer may also be able file a summary motion to enter judgment. This is a way of claiming that all evidence is in your favour, and arguing it's impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of car accident cases, the parties can resolve their disagreement outside of court. Our team will help you negotiate an agreement with the insurance company or directly with the at-fault party. However, if an agreement is not reached, our lawyers will initiate an action against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specified time frame to respond.

The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, including what they believe happened, how they believe it occurred and the injuries you've sustained. We will also seek out expert opinions to support our position.

During the discovery phase, your lawyer can prepare legal documents referred to as motions in court to be ruled on by a judge. This may include requests for the court to omit certain evidence or set an appointment for trial. It can take a year or more to complete the discovery process and set an appointment date for your case. This is the reason it's essential to consult with a seasoned Long Island car accident attorney early in the process.