10 Tell-Tale Signs You Need To Get A New Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car auto accidents can help you determine the strength of your case is and how the settlement may be worth. However this is only possible when you have all the necessary information.

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

Documentation

Documentation is a major aspect of the investigation in a car accident. This could include evidence such photos, medical records or witness statements. The more documentation that you have the better your case will be.

The first document you need is a report from the police. Typically the police officer that arrives at the scene of the accident will draft an investigation report. This will give important details about the circumstances of the crash and who was responsible for the incident.

If necessary, your attorney can use a police report to gather additional evidence. For instance, if the incident occurred at a company where employees were present, the location might have recorded video footage of the incident. If this is the case, the tape must be requested from the business as quickly as possible.

You should also document any expenses you incurred as a result of the auto accident lawsuits. This can include medical bills and records of your treatment, receipts from medications rental car fees, auto accident attorney in-home assistance or care transport costs, and many more. Additionally, you must keep track of any income loss because of your injury. You can use your old tax returns and pay stubs.

If you can, get the names of witnesses to the accident as well. They could be valuable sources of information for your case, particularly when they can testify at trial. It's important to remember that witnesses may change their stories and forget details about the incident as time passes.

Intake and Investigation

The intake process is essential to getting an adequate amount of settlement for your accident-related injuries, whether you have filed an insurance claim or are suing the at-fault party. Your attorney will start by looking through your medical documents, as well as copies of accident reports, and other evidence. They will also visit and document the scene of the accident.

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

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any available evidence. They will also take the driver who was at fault and their driving cell phone records to see how they used their vehicle at the time of the accident. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working while on the job, as this could negatively impact their ability to pay your damages.

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

The process of negotiating a settlement

Once you have the medical records, you are able to begin negotiations for settlement. Initially, the insurance company will present an offer that is usually considerably lower than what you request in the letter. This is a method to determine how strong your case. In the counteroffer, it's important to highlight the strongest arguments in your favor, for instance, that the insured was fully at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. Negotiating back and forth could eventually result in an equitable and reasonable amount.

An experienced attorney can effectively argue for the benefits of your claim, including presenting evidence to support your losses. This could include photos of the car damage, police reports or witness testimony. We are able to determine the various elements of your claim such as loss of income along with pain and suffering as well as a police reports.

If at this point the insurance company still refuses to offer a reasonable amount, we have the option to make a claim in court. A trial usually lasts for up to two days and is usually ruled by an individual judge (called a bench trial) or jurors. If your case settles prior to this phase, it can take several months. Alternatively, your attorney may be able to file a motion for summary judgment. This means presenting all of the evidence to your advantage and arguing that it is impossible for the other side to prevail.

Filing an action

In the majority of car accident cases parties can resolve their disagreement without going to court. Our team will assist you in negotiating a settlement with the other driver's insurance company or directly with the party at fault. If an agreement cannot be reached, our lawyers will bring a lawsuit against the defendant. The Complaint contains your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond.

During the discovery phase, our attorneys will share documents and other evidence with the defendant and ask questions through interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, focusing on what they believe happened, how they believe it took place and what injuries you've sustained. We will also seek experts to back our assertions.

During the process of discovery, your lawyer can make legal motions to the court for a judge's ruling on. This can include requesting the judge to exclude evidence or to schedule a trial. It could take a 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.