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on June 18, 2024
The Intake Process for Car Accident Litigation
A lawyer who specializes in car accident litigation can help you determine how strong your case is as well as how much your settlement could be worth. But it is only possible with all the necessary information.
Discovery is the very first step of a car accident case. In this phase, attorneys and their teams will exchange documents and discuss questions under oath.
Documentation
A significant portion of the work involved in a car accident case is collecting documentation. This could be evidence like photographs, medical records or witness statements. In general, the more evidence you can provide to support your claim the more convincing your claim will be.
A law enforcement report is the first piece of paper you need. Typically the police officer that comes to the scene of the accident will prepare a report, and this will give important details about what happened and who was at fault for the incident.
If required your attorney has to use an investigation report to collect additional evidence. For example, if the accident happened in a business the employee who worked at that area may have recorded footage of the incident. If that's the case, the tape must be requested from the company as soon as is possible.
It is also important to document any expenses you incurred as a result of the accident. This can include medical bills and records for your treatment, receipts for medicines rental car charges and in-home assistance or care as well as transportation costs and much more. In addition, you should record any income loss due to your injury. You can use your old tax returns and pay stubs.
If you can, collect the names of any witnesses to the incident as well. These people can serve as valuable sources of information for your case, particularly in the event that they are able to be a witness in a trial. But, it's important to keep in mind that witnesses can alter their stories over time and forget details of the accident.
Intake and Investigation
The process of intake is crucial in obtaining an adequate amount of compensation for your injuries from an accident regardless of whether you've submitted an insurance claim or are suing the at-fault party. Your attorney will begin by examining your medical records, obtaining copies of accident reports, as well as other evidence. They will also go to and document the accident scene.
This information will allow them to assess the severity of the harm you've suffered in terms of cost and projections for your physical or emotional suffering. Then, they'll review your current and future financial losses to determine the worth of your case. The damages you incur could comprise not only your current and future medical expenses but also lost income and property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any available evidence. They will also collect the driver who was at fault and their driving phone records to determine how they used their vehicle at the time of the auto accident lawyer. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working, as this could impact their ability to cover your damages.
As part of the discovery procedure the lawyer will ask about the defendant's criminal and traffic offence records. These details are typically not admissible, but can be used to undermine the credibility of the defendant in cross-examination.
The process of negotiating a settlement
After you've obtained the medical documents, your lawyer can begin settlement negotiations. Initially the insurance company will present an offer that is often substantially lower than the amount you requested in your letter. This is a method to determine the strength of your case. In your counteroffer it is important to highlight the strongest points that you have in your favor. For instance, you can say that the insurance company was at fault and that there were severe injuries and significant medical expenses. Then, negotiations back and forth will lead to an amount that is both fair and reasonable.
A skilled accident lawyer can effectively argue for your claim's merits, including presenting evidence to back your losses. This may include photos of your car damage, police reports and witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, suffering and pain.
If at this point the insurance company still refuses to offer a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is judged by jurors or a judge. If your case settles before this point, it can take several months. Your attorney might also be able to file a summary motion for judgment. This is a way of claiming that all evidence is in your favor, and arguing that it's impossible to allow the opposing side to prevail.
Filing an action
In the majority of car crash cases, the parties are able to settle their disputes without the need for court. Our team will help you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. If an agreement is not reached, our lawyers will file a suit against the defendant. The complaint contains your claims and allegations relating to the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified timeframe to respond to it.
The discovery phase is when our lawyers and the defendant begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, including how they believe the crash occurred and the injuries you've suffered. We will also solicit expert opinions to support our position.
During the discovery phase, your lawyer may submit legal documents known as motions to the court for a judge to rule on. This could include requests for the court to exclude certain evidence or to set the date for a trial. It can take a whole year or more to complete the discovery process and determine the date of trial for your case. It is imperative to speak with an experienced Long Island Auto Accident Law Firm accident attorney as early as possible during the process.