The 9 Things Your Parents Taught You About Auto Accident Claim

The Intake Process for Car Accident Litigation

An experienced lawyer in car accident litigation will be able to help you determine the strength of your case and how much settlement you could receive. This is only possible when all the information you need is available.

The initial step in a car accident lawsuit is called discovery. During this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

Documentation is a significant part of the work in an auto accident. This could include evidence such medical records, photos or witness statements. The more evidence you have, the more convincing your case will be.

A law enforcement report is the primary document you need. The police officer who arrives at the scene of an accident will typically prepare a report. It will give valuable details about the accident and who was responsible.

Your attorney may also make use of the law enforcement report to pursue additional evidence if required. If the accident occurred in an office such as a place of business, an employee may have recorded video footage. If this is the case, you must request a copy from the company.

Record any expenses you have incurred because of the accident. This could include medical bills or records of treatment, receipts from medication rental car fees as well as in-home assistance or care transport costs, and many more. Additionally, you must record any income loss as a result of your accident. You can utilize 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, especially when they can give evidence at trial. It's important to remember that witnesses may alter their story and forget details about the auto accident over time.

Intake and Investigation

The intake process is critical to getting fair settlement for your accident-related injuries regardless of whether you've made an insurance claim or are suing the responsible party. Your lawyer will begin by looking over your medical records, as well as obtaining copies accident reports and other evidence. They will also visit and document the accident scene.

This information will enable them to comprehend the extent of the injuries you've sustained, both in terms future and current costs for your physical or emotional suffering. They will then review your current and future financial losses in order to determine the worth of your case. The damages you suffer could include not only current and future medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing any available evidence. They will also take information about the driving habits and cell phones of the at-fault drivers to determine how they operated their vehicle during the time. This is particularly important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was on the job, since it could affect their ability to cover your damages.

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

Negotiating a Settlement

After you have obtained the medical records, your lawyer can begin negotiations to settle the matter. Initially the insurance company will present an offer which is usually much lower than what you have requested in the letter. This is a way to assess the strength of your case. In the counteroffer, it is important to emphasize the strongest arguments in your favor, for example, the insured was completely at blame and that you were afflicted with severe injuries with high medical costs. In the end, a lot of the back and forth negotiation should get you to an amount that is reasonable and fair.

An experienced attorney can effectively argue for the benefits of your claim, by presenting evidence to prove your losses. This could include photos of vehicle damage, police reports or witness testimony. We also know how to calculate the value of different elements of your claim, such as loss of income, suffering and pain.

If, at this point, the insurance company still refuses to offer a reasonable amount, we may choose to bring a lawsuit to court. A trial usually lasts for about two or three days and is supervised by a judge (called a bench trial) or by jurors. If your case settles before this stage it could take a few months. Or, your lawyer may be capable of filing an application for Auto Accident summary judgment. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the other side to prevail.

Filing a Lawsuit

In the majority of cases involving car accidents, the parties are able to settle their dispute out of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint will detail your assertions and allegations regarding how the accident occurred and why you are entitled to compensation. The defendant is served with the Complaint, and given a specific amount of time to answer.

The discovery stage is when our attorneys and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including how they believe the crash happened and what injuries you've suffered. We will also request expert opinions that will support our stance.

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 could include requests for the court's decision to exclude certain evidence or set an appointment for trial. It can take as long as one year for the investigation process to be completed and a trial date established. It is crucial to talk with an experienced Long Island auto accident lawsuits accident attorney as early as you can during the process.