The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases will be able to help you determine the strengths of your case as well as what settlement amount you might receive. This is only possible when all the information you need is available.

The initial step in a car auto accident lawsuit lawsuit is known as discovery. In this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

A significant portion of the work involved in a car crash case is collecting documentation. This could include evidence such as medical records, photos or witness statements. In general, the more evidence you can provide to support your claim the more convincing your argument will be.

The first document you should have is a police report. The police officer who arrives at the scene of an accident will typically prepare a report. This will provide valuable information regarding the accident as well as who was responsible.

Your attorney can also use an official report from law enforcement to seek additional evidence if required. If the accident occurred in the business environment such as a place of business an employee could have recorded video footage. If this is the case, ask for a copy of the footage from the business.

It is also important to document any expenses you incurred as a result of the accident. This can include medical bills and records of your treatment, receipts for medication rental car expenses and in-home assistance or care as well as transportation costs and more. Additionally, you must record any income loss as a result of your accident. You can utilize old tax returns and pay stubs.

If you are able to, request the names of witnesses to the incident as well. They could be valuable sources of information for your case, particularly in the event that they are able to give evidence at trial. But, it's important to remember that witnesses are prone to altering their testimony over time and may forget details of the incident.

Intake and Investigation

The process of intake is vital in obtaining an adequate amount of compensation for your accident injuries regardless of whether you've filed a claim with an insurance company or you are suing the person at fault. Your attorney will start by reviewing your medical treatment documents, as well as copies of accident reports as well as other evidence. They will also visit and document the accident scene.

This will help them to comprehend the extent of injuries you have suffered as well as the actual and projected costs for gokseong.multiiq.com your physical or emotional suffering. They will then review your current and future financial losses to estimate the value of your case. The damages could not be limited to just future and present medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also gather the driving and cell phone records of the drivers at fault to determine if they were using their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was at work, as this could affect their ability to cover your damages.

In addition, your attorney will likely inquire regarding the defendant's prior criminal and traffic convictions as part of the discovery process. In general, these information are not admissible in court, however they could be helpful to impeach the defendant's credibility during cross examination.

Negotiating a Settlement

After receiving the medical records, you are able to begin settlement negotiations. The insurance company may make an initial offer that is much lower than the amount you requested in your letter. This is a strategy to determine how strong your case is. In the counteroffer, you must be important to highlight the strongest arguments for your side - for instance, that the insured was completely at the fault and that you sustained serious injuries that resulted in high medical costs. Eventually, the back and forth negotiation should result in an amount that is fair and reasonable.

A skilled accident attorney can effectively argue for the merits of your claim, including presenting evidence that supports your losses. This may include photos of the car's damage as well as a police report and witness testimony. We are able to calculate various aspects of your claim such as loss of income, pain and suffering and police reports.

If at this point the insurance company is still refusing to offer a reasonable amount, we can decide to file a lawsuit in court. A trial typically lasts between one and two days and is heard either by an attorney or a jury. If your case is settled before reaching this phase the process could take months. Alternatively, your attorney may be in a position to file a motion for summary judgement. This is where you present all the evidence in your favor and arguing that it's impossible for the opposing side to prevail.

Filing an action

In a majority of car accident cases, the parties are able to resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the person who is at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint contains your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a particular period of time to respond to it.

The discovery stage is when our attorneys and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of events, focusing on how they believe the crash took place and what injuries you have suffered. We will also solicit expert opinions that support our position.

During the discovery stage, your lawyer will submit legal documents, also known as motions in court to be ruled on by the judge. This can include requests for the court to block certain evidence, or to set a trial date. It can take up to an entire year for the discovery process to be completed and a trial date scheduled. This is why it's vital to work with an experienced Long Island car accident attorney early in the process.