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The Intake Process for Car Accident Litigation

A lawyer who specializes in the field of car accident litigation can help you determine how strong your case is and how the settlement may be worth. But this is only possible with all the information needed.

The first step in a car crash lawsuit is known as discovery. In this phase, attorneys and their teams will discuss documents and answer questions under oath.

Documentation

The majority of the work involved in a car wreck investigation is gathering evidence. This could include evidence such as medical records, photos or witness statements. The more evidence you have, the more convincing your case will become.

The first document that you must have is a police report. The police officer who arrives at the auto accident lawyer scene will usually prepare a report. It will provide important information about the accident and who was responsible.

Your lawyer can also make use of an official report from law enforcement to obtain additional evidence if required. If the auto accident lawsuits occurred in an office such as a place of business an employee could have recorded video footage. If this is the case, you should seek a copy from the business.

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

If you are able to, request the names of witnesses to the auto accident lawsuits as well. They may be able provide valuable information, especially if you are able to get them to give evidence in court. But, it's important to remember that witnesses can alter their story over time and could forget specific details about the incident.

Intake and Investigation

The process of intake is vital in obtaining fair compensation for your injuries sustained in an accident regardless of whether you've made an insurance claim or are suing the party at fault. Your attorney will begin by examining your medical records and then obtaining copies of accident reports, as well as other evidence. They will also visit and document the accident scene.

This will allow them to assess the severity of the harm you've suffered as well as the cost and projections for your emotional or physical suffering. They will then review your existing and expected financial losses to estimate the total value of your case. Your damages may include not just future and present medical expenses, but also loss of income as well as property damage.

Your lawyer will also investigate by interviewing witnesses and analyzing the available evidence. They will also gather the driver at fault's driving records and cell phone records to see what they were doing with their vehicle at the time of the collision. This is especially important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was on the job, as this could negatively impact their ability to pay for your damages.

In addition your lawyer will also inquire about the defendant's past criminal and traffic convictions during the discovery process. These details are typically not admissible but could be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

Once you have the medical records, your lawyer can begin settlement negotiations. The insurance company may make an initial offer that is less than what you requested in your letter. This is a tactic to test how convincing your case is. In the counteroffer, you must be crucial to highlight the most powerful points in your favor - for example, that the insured was entirely at blame and that you were afflicted with serious injuries that resulted in high medical expenses. Eventually, back and forth bargaining will result in an amount that is reasonable and fair.

An experienced accident lawyer can successfully argue the merits of your claim including presenting evidence that supports your losses. This could include photos of the car damage, police reports, and witness testimony. We know how to calculate various aspects of your claim, including lost income along with pain and suffering as well as a police report.

If the insurance company is unwilling to pay a reasonable amount at this point, we may start a lawsuit. A trial typically lasts up to two days and is usually ruled by an individual judge (called a bench trial) or a jury. If your case settles before reaching this stage the process could last months. Your attorney may also be able to file a summary judgment motion. This is a way of presenting 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 crash cases, the parties are able to resolve their disputes outside of court. Our team will assist you in negotiating an agreement with the insurance company of the other driver company, or directly with the party at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will list your assertions and allegations regarding how the accident occurred and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a certain time frame to respond.

During the discovery phase, our lawyers will exchange documents and other evidence with the defendant while asking questions via interrogatories or depositions. Our team will pose questions to the lawyer representing the defendant about their version of the events, including what injuries you've suffered and the way they believe it happened. We will also solicit expert opinions to support our position.

During the discovery process, your lawyer may submit legal documents, also known as motions to the court for a judge to rule on. This can include requests for the court to omit certain evidence or to set a trial date. It can take up one year for the investigation process to be completed and a trial date to be set. This is why it's important to consult with a seasoned Long Island car accident attorney early in the process.