Mozelle McIlvain asked 3 months ago
The Intake Process for Auto accident lawsuit (recommended) Car Accident Litigation
A lawyer who specializes in the area of car accident litigation will assist you in determining how strong your case is as well as how the settlement might be worth. This is only possible when all the information you need is available.
Discovery is the initial step of a car accident case. During this stage, attorneys and their teams will exchange documents and discuss questions under an oath.
Documentation
Documentation is a large aspect of the investigation in a car accident. This may include evidence such as photographs, medical records or witness statements. The more documentation that you have, the more convincing your case will become.
A law enforcement report is the primary document you need. Typically, the police officer who comes to the scene of the accident will prepare a report, and this will provide important information about how the crash occurred and who was at fault for the incident.
If necessary your attorney has to use an investigation report to collect additional evidence. For instance, if the incident took place in a commercial where employees were present, the location may have recorded video footage of the incident. If that’s the case, a copy of the tape must be requested from the company as soon as is possible.
You should also document the costs you have incurred as a result of the accident. These could include medical bills and records for your treatment, receipts for medicines, rental car fees and in-home assistance or care as well as transportation costs and much more. In addition, you should record any income loss as a result of your injury. This can include old pay stubs and tax returns.
It is also advisable to find the names of witnesses. These witnesses can be valuable sources of information for your case, especially when they can be present at trial. It is important to keep in mind that witnesses may alter their narratives and forget specifics about the incident as time passes.
Intake and Investigation
If you’ve filed an insurance company or have started a lawsuit against an at-fault driver, the initial intake process is essential to receive an adequate and fair settlement for your injuries from a crash. Your lawyer will begin by reviewing your medical treatment records, and obtaining copies of accident reports, and other evidence. They will also visit and document the accident scene.
This information will enable them to assess the severity of the injuries you’ve suffered, both in terms cost and projections for your emotional or physical suffering. Then, they’ll review your current and auto accident attorney future financial losses in order to determine the worth of your case. Your damages can comprise not only your current and future medical expenses, but also lost income and property damage.
Your lawyer will also investigate and interview witnesses and analyzing all available evidence. They will also gather the driver at fault’s driving and phone records to determine how they were using their vehicle at the time of the crash. This is especially important in the event that there was a collision involving an Uber or Lyft car, or any other indication that the driver was on the clock.
As part of the process of discovery Your lawyer will inquire about the defendant’s criminal and traffic conviction records. These facts are usually not admissible, but can be used to undermine the credibility of the defendant in cross-examination.
Negotiating a Settlement
Once you have the medical records, it is possible to begin settlement negotiation. The insurance company will typically make an initial offer that is smaller than the amount that you demanded in your letter. This is a method to determine the strength of your argument. When you counteroffer, it’s crucial to highlight the most powerful arguments in your favor. For instance, you can say that the insurance company was responsible and that there were serious injuries and significant medical expenses. Negotiating back and forth should eventually result in an acceptable and reasonable amount.
An experienced attorney can effectively argue the merits of your case, including presenting evidence to support your losses. This may include photos of your car damage, police reports or witness testimony. We know how to calculate the various components of your claim, including lost income, pain and suffering and police report.
If at this point the insurance company refuses to offer a reasonable amount, we can choose to make a claim in court. A trial usually lasts between one and two days and is ruled on by a judge or a jury. If your case is settled before this point it could take a few months. In addition, your attorney might be in a position to file a motion for summary judgment. This is where you present all the evidence in your favor and arguing that it is impossible for the other side to prevail.
Filing an action
In the majority of car accident cases parties can resolve their disputes outside of court. Our team will work to assist you in negotiating an agreement with the insurance company of the other driver company, or directly with the at-fault party. If no agreement can be reached, our lawyers will file a lawsuit against the defendant. The Complaint will list your assertions and allegations regarding how the accident occurred and why you are entitled to compensation. The defendant is served the Complaint, and given a set amount of time to answer.
The discovery stage is when our lawyers and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask the defendant’s attorney questions regarding their perspective on events, focusing on what they believe happened during the crash, as well as how they think it occurred and the injuries you’ve suffered. We will also search for expert opinions to support our position.
During the process of discovery, your lawyer could submit legal documents, also known as motions to the court for a judge to decide on. This may include requests for the court to omit certain evidence or to schedule a trial date. It can take as long as one year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can during the process.