The Intake Process for Car Accident Litigation

A lawyer who has experience in litigation involving car accidents will be able to assist you determine the strength of your case and what settlement amount you might get. However it is only possible if you have all the relevant information.

The first step in a car crash lawsuit is called discovery. In this phase attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

Documentation is a significant component of an accident. This can include evidence like photographs, medical records, or witness statements. In general, the more evidence you have to back your claim the stronger your argument will be.

A police report is the first document you need. The police officer who arrives at the scene of the accident will usually write a report. This report will provide important information regarding the accident as well as who was responsible.

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 video footage of the incident. If this is the case, request a copy of the video from the business.

Record any expenses you have incurred due to the accident. Document all expenses you have incurred as a result of. This can include medical bills as well as records of your treatment, receipts from medications rental car costs and in-home care or assistance, transportation costs and more. Additionally, you must document any lost income as a result of your accident. You can use tax returns and pay stubs.

If you can, collect the names of any witnesses to the accident as well. They may be able to give valuable information, especially if are able to get them to be a witness in court. However, it's important to remember that witnesses are prone to altering their stories over time and may forget details of the accident.

Intake and Investigation

The intake process is critical to obtaining an adequate amount of settlement for your orange auto accident lawyer-related injuries, whether you have submitted an insurance claim or are suing the party at fault. Your lawyer will begin by reviewing your medical documents, as well as copies of accident reports, and other evidence. They will also visit and document the accident scene.

This will help them understand the extent of your injuries in relation to current and projected future costs for your physical and emotional suffering. They will then analyze your financial losses to determine the value of your case. Your damages can include not only your present and future medical costs as well as lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and vimeo analyzing all the available evidence. They will also gather the driver at fault's driving records and phone records to determine what they were doing with their vehicle at the time of the collision. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was on the job, as this could impact the ability of them to pay damages.

As part of the discovery procedure as part of the discovery process, your lawyer will inquire about the defendant's criminal and traffic conviction records. These details are generally not admissible in court but they could be helpful to undermine the credibility of a defendant during cross examination.

Negotiating a Settlement

After receiving the medical records, you're able to start settlement negotiations. The insurance company is likely to make an initial offer that is less than the amount you requested in your letter. This is a method to assess how strong your argument is. In the counteroffer, you must be crucial to emphasize the most important arguments in your favor, for example, the insured was completely at the fault, and that you suffered severe injuries with high medical expenses. The process of negotiating back and forth should eventually lead to an acceptable and reasonable amount.

A skilled accident attorney can successfully argue the merits of your case, including presenting evidence that supports your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to calculate the value of various components of your claim, including lost income and suffering and pain.

If the insurance company is unwilling to pay an acceptable amount at this point, we may bring a lawsuit. A trial usually lasts for between one and two days. It can be heard by an individual judge (called a bench trial) or jurors. If your case is settled prior to this phase, it can take several months. In addition, your attorney might be in a position to file a motion for summary judgement. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car accident instances, parties can settle their dispute without the need for court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party at fault. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint will include your claims and allegations regarding the cause of the crash and the reason you should be compensated. The defendant will be served the Complaint and given a particular timeframe to respond.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, including what they believe happened during the crash, as well as how they think it occurred and the injuries you've sustained. We will also request expert opinions to support our position.

During the discovery phase, your lawyer could prepare legal documents referred to as motions in court to be ruled on by a judge. This can include requests for the court to exclude certain evidence or to set an appointment for trial. It can take as long as one year for the investigation process to be completed and a trial date scheduled. This is why it's vital to consult with a seasoned Long Island car accident attorney at the beginning of the process.