The Intake Process for Car Accident Litigation

A lawyer that specializes 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. But this is only possible when you have all the necessary information.

Discovery is the very first step of an auto accident law firms [Camedu published an article] accident case. In this phase, attorneys and their teams will exchange documents and discuss questions under an oath.

Documentation

Documentation is an integral aspect of the investigation in an accident. This could include evidence such photos, medical records or witness statements. The more evidence you have to support your claim the more convincing your claim will be.

A law enforcement report is the first document you need. Typically the police officer who arrives at the scene of the crash will prepare reports, and these will provide crucial information on how the accident occurred and who was responsible for the incident.

If required your lawyer has the option of using a police report to gather additional evidence. For example, if the incident occurred at a company or office, an employee working at the site might have recorded footage of the incident. If this is the case, you should ask for a copy of the footage from the company.

Keep track of any expenses you incur in the aftermath of the accident. Document all expenses you have incurred as a result of. This could include medical expenses or records of treatment, receipts for medication rental car expenses, in-home assistance or care, transportation costs and more. Also, you should document the loss of income due to your injury. This could include old pay slips and tax returns.

If you can, get the names of any witnesses to the accident as well. They could be important sources of information in your case, particularly those who are able to testify at trial. It's important to keep in mind that witnesses could alter their accounts and forget details regarding the accident as time passes.

Intake and Investigation

The intake process is critical to getting an adequate amount of compensation for your injuries sustained in an accident, whether you have filed an insurance claim or you are suing the person at fault. Your lawyer will begin by looking through your medical records, obtaining copies of accident reports and other evidence. They will also visit and document the accident scene.

This will help them to comprehend the extent of injuries you have suffered, both in terms current and projected costs for your emotional or physical suffering. They will then review your existing and expected financial losses to estimate the value of your case. Your damages may include not only current and future medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing 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 accident. This is especially important if the collision involved an Uber or Lyft vehicle, or any other indicator that the driver was working, as this could impact the ability of them to pay damages.

In addition, your attorney will likely inquire regarding the defendant's prior criminal and traffic convictions as part of the discovery process. These details are typically not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After you have obtained the medical records, your lawyer can begin settlement negotiations. The insurance company will often make an initial offer that is much less than what you requested in your letter. This is a way to assess the credibility of your argument. In your counteroffer, it's important to highlight the strongest points you have in your favor. For instance, if you claim that the insurer was at fault and there were severe injuries and high medical costs. Then, negotiations back and forth should get you to an amount that is both fair and reasonable.

A skilled lawyer for accidents can effectively argue your claim's merits, including presenting proof to support your losses. This may include photos of your car damage, police reports or witness testimony. We can calculate various elements of your claim, such as lost income along with pain and suffering as well as a police reports.

If the insurance company is unwilling to pay an acceptable amount at the moment, we can bring a lawsuit. A trial usually lasts between one and two days and is heard either by jurors or a judge. If your case settles prior to reaching this phase it could take months. Your attorney may be able to file a motion for summary judgement. This involves asserting that all evidence is in your favour, and arguing it's impossible for the opponent to prevail.

Filing a Lawsuit

In the majority of car accident cases, the parties can settle their dispute without going to court. Our team can help you negotiate with the insurance company of the other driver or directly with the person who was at fault. However, if an agreement cannot be reached, our lawyers will bring a lawsuit against the defendant. The complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a certain period of time to respond.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, including the circumstances under which they believe the crash took place and what injuries you've suffered. We will also search for experts to back our position.

During the discovery process your lawyer could make legal motions to the court for a judge to rule on. This could include requests for the court to block certain evidence or to schedule the date for a trial. It can take up one year for the investigation process to be completed and a trial date set. It is essential to speak with an experienced Long Island auto accident attorney as early as possible during the process.