20 Trailblazers Are Leading The Way In Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer with expertise in the field of car accident litigation can help you determine how solid your case is as well as how much your settlement could be worth. This is only possible if all the information you require is available.

The first step in a car accident lawsuit is known as discovery. During this phase attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

Documentation is a significant element of the event of a car crash. This could include evidence such photos, medical records or witness statements. In general, the more evidence you can provide to support your claim the more convincing your claim will be.

The first document you should have is a law enforcement report. The police officer who arrives at the accident scene will usually prepare a report. It will provide important details about the incident and who was responsible.

Your attorney can also use the law enforcement report to pursue additional evidence in the event of need. If the accident occurred in the workplace such as a place of business, an employee may have recorded video footage. If this is the case, you must ask for a copy of the footage from the business.

Note any costs you have incurred because of the auto accident lawyers. This can include medical bills and records of your treatment, receipts for medication rental car costs for in-home assistance, care at home, transportation costs and more. In addition, you should note any income loss because of your injury. This can include old pay stubs and tax returns.

If you are able to, request the names of witnesses to the accident as well. They may be able to give valuable information, particularly if you can convince them to appear in court. But, it's important to keep in mind that witnesses may alter their story over time and could forget specific details about the accident.

Intake and Investigation

Whether you have made an insurance company or are starting an action against the at-fault driver, the process of intake is crucial to getting full and fair compensation for the injuries you sustained in a crash. Your attorney will begin by looking over your medical records, and obtaining copies of accident reports and other evidence. They will also visit the site of the accident to record and observe what they can.

This will help them to assess the severity of the harm you've suffered, both in terms future and current costs for your physical or emotional suffering. They will then review your financial losses in order to determine the value of your case. Your damages may include not only current and future medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all available evidence. They will also take the driver at fault's driving and cell phone records to see the way they used their vehicle at the time of the collision. This is particularly important if there was a collision involving an Uber or Lyft car, or any other indication that the driver worked while on the clock.

Additionally your lawyer will also inquire regarding the defendant's prior criminal and traffic-related offenses as part of the discovery process. These information is generally not admissible, however they can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After obtaining the medical records then your lawyer will begin negotiations to settle the matter. In the beginning, the insurance company may make an offer that's usually substantially lower than the amount you have requested in the letter. This is a tactic to determine how strong your case. In the counteroffer, it is important to emphasize the strongest arguments for your side - for example, the insured was fully at the fault and that you sustained severe injuries with the highest medical costs. Eventually, bargaining back and forth will result in an amount that is both fair and reasonable.

A skilled attorney can effectively argue for your claim's merits, including presenting evidence to back your losses. This could include photos of the car damage along with a police report as well as witness testimony. We also know how to calculate the value of various components of your claim, including lost income and suffering and pain.

If the insurance company refuses to pay an amount that is reasonable at the moment, we can file a lawsuit. A trial usually lasts between one and two days, and is conducted by jurors or a judge. If your case settles prior to reaching this stage, the process can take months. Your attorney may also be able file a summary judgment motion. This means presenting all of the evidence in your favor and arguing that it's impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car accident cases parties can settle their dispute out of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver responsible for the accident. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint will contain your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a specified timeframe to respond to it.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will pose questions to the lawyer for the defendant about their perspective on the events, such as what injuries you have suffered and the way they believe it occurred. We will also look for expert opinions to support our claims.

During the discovery phase, your lawyer can file legal documents called motions to the court to a judge's decision on. This may include requesting the judge to exclude evidence or set a trial date. It could take a full year or more to complete the discovery process and set the date of trial for your case. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can during the process.