The Intake Process for Car Accident Litigation

A lawyer who specializes in the area of car accident litigation will assist you in determining how strong your case is and how the settlement might be worth. This is only possible when all the information you need is available.

The initial step in a car accident lawsuit is known as discovery. During this stage attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is a significant part of the work in a car accident. This can include evidence like photographs, medical records, or witness statements. The more evidence you have, the more convincing your case will become.

A law enforcement report is the primary document you should have. Typically, the police officer who arrives at the scene of the accident will prepare an investigation report. This will provide crucial information on how the crash occurred and who was responsible for the incident.

If needed your attorney has to use an investigation report to collect additional evidence. If the accident occurred in an office, for example, an employee may have recorded video footage. If this is the case, request a copy from the business.

You should also keep track of the expenses you incur due to the accident. This could include medical bills and records of your treatment, receipts for medicines, rental car fees as well as in-home care or assistance, transportation costs, vimeo and more. Additionally, you must document any lost income because of your accident. You can use old tax returns and pay stubs.

It is also advisable to find the names of witnesses. They may be able to provide important details, especially if can convince them to testify in court. But, it's important to keep in mind that witnesses can change their testimony over time and may forget details of the accident.

Intake and Investigation

The intake process is critical to receiving an adequate amount of compensation for your injuries from an accident regardless of whether you've submitted an insurance claim or are suing the party at fault. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the accident.

This information will enable them to understand the extent of the harm you've suffered, both in terms future and current costs for your physical or emotional suffering. They will also review your financial losses to determine the total value of your case. Your damages may include not only future and current medical expenses, but also your lost income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and reviewing any available evidence. They will also gather the driver who was at fault and their driving cell phone records to see how they were using 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 evidence that suggests the driver worked while on the clock.

Additionally your lawyer will also ask questions about the defendant's past criminal and traffic offense history in the discovery process. In general, these information are not admissible in court, however they could be helpful to discredit the credibility of the defendant during cross examination.

Negotiating a Settlement

Once you have the medical records, you are able to start settlement negotiations. The insurance company will often make an initial offer that is smaller than the amount that you demanded in your letter. This is a method to determine how strong your case is. In your counteroffer, it's important to highlight the strongest arguments to your advantage. For example, that the insurer was at fault and that there were severe injuries and the medical costs were high. Negotiating back and forth will eventually lead to an appropriate and fair amount.

An experienced attorney can effectively argue for the benefits of your claim, by presenting evidence to prove your losses. This may include photos of the damage to your car or a police report, as well as witness testimony. We also know how to determine the value of various elements of your claim, like loss of income, pain and suffering.

At this point, if the insurance company is still refusing to offer a reasonable amount, we can choose to make a claim in court. A trial typically lasts about two or three days and can be heard by a judge (called a bench trial) or by jurors. If your case is settled prior to reaching this phase it could take months. Your lawyer may also be able to file a summary motion for judgment. This involves arguing that all evidence is in your favor and arguing it's impossible for the opposition to win.

Filing an action

In a majority of car accident cases, the parties can settle their disputes outside of court. Our team will work to help you negotiate an agreement with the insurance company of the other driver company or directly with the person at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will detail your claims and details about the cause of the crash and why you are entitled to compensation. The defendant will be served with the Complaint and Vimeo given a certain time frame to respond.

The discovery phase is where our lawyers and the defendant begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of events, Vimeo including what they believe happened during the crash, as well as how they think it happened and what injuries you've suffered. We will also request expert opinions that will support our stance.

During the discovery process, your lawyer may submit legal documents known as motions to the court for a judge to rule on. This can include requests for the court's decision to exclude certain evidence or set the date for a trial. It could take a year or more to complete the process of discovery and to set the date of trial for your case. This is why it's vital to work with an experienced Long Island car glendale auto accident attorney attorney at the beginning of the process.