공지사항

The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases will be able to assist you determine the strengths of your case as well as what settlement amount you might get. However it is only possible when you have all the relevant information.

Discovery is the initial step of a car accident case. During this phase attorneys and their teams exchange documents and ask questions under oath.

Documentation

A significant portion of the work involved in a car crash case is collecting evidence. This can include evidence like photographs, medical records or witness statements. The more evidence you have to back your claim the more convincing your case will be.

A law enforcement report is the first document you should have. The police officer who arrives at the scene of the accident is likely to prepare a written report. This will provide valuable information regarding the auto Accident law firms as well as who was responsible for it.

Your attorney may also make use of the law enforcement report to obtain additional evidence, if needed. For instance, if an accident happened in a business or office, an employee working at the site might have recorded footage of the incident. If this is the situation, the tape must be requested from the business as soon as possible.

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

If you are able to, request the names of witnesses to the accident as well. They might be able to give valuable information, especially if are able to get them to testify in court. It's important to remember that witnesses may alter their stories and forget details about the incident as time passes.

Intake and Investigation

The intake process is essential to obtaining fair compensation for your accident injuries, whether you have made an insurance claim or are suing the party at fault. Your attorney will begin by looking over your medical records, obtaining copies of auto accident lawyer reports, as well as other evidence. They will also visit the scene of the crash to record and observe what they can.

This information will allow them to determine the extent of your injuries, both in terms of future and current costs for your physical and emotional suffering. Then, they'll review your current and future financial losses in order to estimate the value of your case. The damages could include not only current and future medical expenses, but also your lost income and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all the available evidence. They will also obtain information about the driving habits and cell phones of the driver at fault in order to determine how they operated their vehicle at the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was on the job, since this could negatively impact the ability of them to pay damages.

In addition your lawyer will also ask questions about the defendant's criminal and traffic convictions as part of the discovery process. These details are generally not admissible, however they can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

Once you have received the medical records, it is possible to begin negotiations for settlement. Initially the insurance company will make an offer that is often considerably lower than what you request in the letter. This is an opportunity to assess the strength of your argument. In your counteroffer, it's essential to highlight the most compelling arguments to your advantage. For example, that the insurance company was at fault and there were serious injuries as well as high medical costs. In the end, back and forth bargaining will lead to an amount that is both reasonable and fair.

A skilled accident lawyer can effectively argue your claim's merits, including presenting proof to support your losses. This may include photos of the car damage as well as a police report and witness testimony. We also know how to calculate the value of various components of your claim, like lost income and pain and suffering.

If at this point the insurance company continues to refuse to provide a reasonable amount, we have the option to make a claim in court. A trial usually lasts for about two or three days and is supervised by an individual judge (called a bench trial) or by a jury. If your case settles prior to this phase it could take a few months. Your attorney may also be able file a summary motion to enter judgment. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of car crash instances, parties can settle their disputes without going to court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. If an agreement is not reached our lawyers will file an action against the defendant. The complaint contains your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint, and given a specified amount of time to answer.

During the discovery phase, our attorneys will discuss documents and other material with the defendant and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, including the circumstances under which they believe the crash happened and what injuries you've sustained. We will also request expert opinions that support our position.

During the discovery phase, your lawyer may prepare legal documents referred to as motions in court for the decision of an individual judge. This may include requests for the court to exclude certain evidence or set the date for a trial. It can take up to a year for the discovery process to be completed and a trial date scheduled. This is why it's crucial to consult with a seasoned Long Island car accident attorney at the beginning of the process.