The Intake Process for Car Accident Litigation
A lawyer who is experienced in defending car accident cases will be able to assist you determine the strengths of your case as well as how much settlement you could get. However it is only possible with all the information needed.
The first step in a lawsuit involving a car accident is called discovery. In this stage, attorneys and their teams will communicate with each other and ask questions under oath.
Documentation
Documentation is a significant part of the work in an auto accidents accident. This can include evidence like medical records, photos or witness statements. In general, the more evidence you can provide to support your claim the stronger your argument will be.
The first document you need is a law enforcement report. Typically, the police officer who comes to the scene of the accident will draft the report, and it will provide crucial information on the circumstances of the crash and who was responsible for the incident.
Your attorney can also use the report of a law enforcement officer to seek additional evidence in the event of need. For instance, if an incident occurred in a business the employee who worked at that site might have recorded footage of the incident. If this is the case, the tape must be requested from the business as quickly as is possible.
You should also record the expenses you incur in the aftermath of the accident. These could include medical bills and records for your treatment, receipts for medicines, rental car fees home care or assistance, transportation costs, and many more. In addition, you should document any lost income due to your injury. This can include old pay stubs, as well as tax returns.
It is also advisable to obtain the names of witnesses. These people may be able provide valuable information, particularly if you are able to have them be a witness in court. However, it's important to remember that witnesses are prone to altering their testimony over time and could forget specific details about the incident.
Intake and Investigation
Whether you have filed a claim with an insurance company or have started a lawsuit against an at-fault driver, the intake process is essential to obtaining the fair and complete compensation you deserve for your crash injuries. Your attorney will begin by reviewing your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the crash to document and observe what they can.
This will allow them to determine the severity of the injuries you've suffered as well as the cost and projections for your emotional or physical suffering. Then, they will review your financial losses in order to estimate the value of your case. The damages could include not just your current and future medical expenses but also income loss and property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing all available evidence. They will also gather the driver at fault's driving records and cell phone records to see how they used their vehicle at the time of the accident. This is particularly important when there was a collision that involved an Uber or Lyft car, or any other evidence that suggests the driver worked while on the clock.
As part of the discovery process the lawyer will ask about the defendant's criminal and traffic offense records. Generally speaking, these facts are not admissible in court, however they could be helpful to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
Once you have the medical records then your lawyer will begin negotiations on settlement. In the beginning the insurance company may make an offer that is often considerably lower than what you have requested in the letter. This is a way to test how convincing your case. In your counteroffer, it is crucial to highlight the most powerful arguments in your favor. For instance, if you claim the insurer was in the wrong and that there were serious injuries as well as significant medical expenses. Negotiating back and forth could eventually result in a fair and reasonable amount.
A skilled auto accident attorney can effectively argue the merits of your claim, including presenting evidence that supports your losses. This could include photos of car damage, police reports and witness testimony. We also know how to calculate the value of various components of your claim, such as lost income and pain and suffering.
If the insurance company is unwilling to pay an appropriate amount at this point, we can make a claim. A trial usually lasts between one and two days, and is heard either by either a judge or jury. If your case is settled prior to reaching this stage the process could take months. Your lawyer may also be able file a summary judgment motion. This is a way of claiming that all evidence is in your favour, and arguing it's impossible for the opposing side to prevail.
Filing a Lawsuit
In the majority of car crash cases parties can settle their disputes without the need for court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and details about the cause of the crash and the reason you should be compensated. The defendant is served with the Complaint, and given a specified time frame to respond.
The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, including how they believe the crash happened and what injuries you've suffered. We will also request expert opinions that enforce our position.
During the discovery phase, your lawyer may submit legal documents, also known as motions with the court to be decided by an individual judge. This could include requests for the court to omit certain evidence or set an appointment for trial. It could take up to a year for the discovery process to be completed and a trial date set. It is essential to speak with an experienced Long Island auto accident attorney early during the process.
A lawyer who is experienced in defending car accident cases will be able to assist you determine the strengths of your case as well as how much settlement you could get. However it is only possible with all the information needed.
The first step in a lawsuit involving a car accident is called discovery. In this stage, attorneys and their teams will communicate with each other and ask questions under oath.
Documentation
Documentation is a significant part of the work in an auto accidents accident. This can include evidence like medical records, photos or witness statements. In general, the more evidence you can provide to support your claim the stronger your argument will be.
The first document you need is a law enforcement report. Typically, the police officer who comes to the scene of the accident will draft the report, and it will provide crucial information on the circumstances of the crash and who was responsible for the incident.
Your attorney can also use the report of a law enforcement officer to seek additional evidence in the event of need. For instance, if an incident occurred in a business the employee who worked at that site might have recorded footage of the incident. If this is the case, the tape must be requested from the business as quickly as is possible.
You should also record the expenses you incur in the aftermath of the accident. These could include medical bills and records for your treatment, receipts for medicines, rental car fees home care or assistance, transportation costs, and many more. In addition, you should document any lost income due to your injury. This can include old pay stubs, as well as tax returns.
It is also advisable to obtain the names of witnesses. These people may be able provide valuable information, particularly if you are able to have them be a witness in court. However, it's important to remember that witnesses are prone to altering their testimony over time and could forget specific details about the incident.
Intake and Investigation
Whether you have filed a claim with an insurance company or have started a lawsuit against an at-fault driver, the intake process is essential to obtaining the fair and complete compensation you deserve for your crash injuries. Your attorney will begin by reviewing your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the crash to document and observe what they can.
This will allow them to determine the severity of the injuries you've suffered as well as the cost and projections for your emotional or physical suffering. Then, they will review your financial losses in order to estimate the value of your case. The damages could include not just your current and future medical expenses but also income loss and property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing all available evidence. They will also gather the driver at fault's driving records and cell phone records to see how they used their vehicle at the time of the accident. This is particularly important when there was a collision that involved an Uber or Lyft car, or any other evidence that suggests the driver worked while on the clock.
As part of the discovery process the lawyer will ask about the defendant's criminal and traffic offense records. Generally speaking, these facts are not admissible in court, however they could be helpful to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
Once you have the medical records then your lawyer will begin negotiations on settlement. In the beginning the insurance company may make an offer that is often considerably lower than what you have requested in the letter. This is a way to test how convincing your case. In your counteroffer, it is crucial to highlight the most powerful arguments in your favor. For instance, if you claim the insurer was in the wrong and that there were serious injuries as well as significant medical expenses. Negotiating back and forth could eventually result in a fair and reasonable amount.
A skilled auto accident attorney can effectively argue the merits of your claim, including presenting evidence that supports your losses. This could include photos of car damage, police reports and witness testimony. We also know how to calculate the value of various components of your claim, such as lost income and pain and suffering.
If the insurance company is unwilling to pay an appropriate amount at this point, we can make a claim. A trial usually lasts between one and two days, and is heard either by either a judge or jury. If your case is settled prior to reaching this stage the process could take months. Your lawyer may also be able file a summary judgment motion. This is a way of claiming that all evidence is in your favour, and arguing it's impossible for the opposing side to prevail.
Filing a Lawsuit
In the majority of car crash cases parties can settle their disputes without the need for court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and details about the cause of the crash and the reason you should be compensated. The defendant is served with the Complaint, and given a specified time frame to respond.
The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, including how they believe the crash happened and what injuries you've suffered. We will also request expert opinions that enforce our position.
During the discovery phase, your lawyer may submit legal documents, also known as motions with the court to be decided by an individual judge. This could include requests for the court to omit certain evidence or set an appointment for trial. It could take up to a year for the discovery process to be completed and a trial date set. It is essential to speak with an experienced Long Island auto accident attorney early during the process.