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 the settlement might be worth. However, this is only possible with all the necessary information.

Discovery is the initial step of a car accident case. During this phase attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

Documentation is a major element of an accident. This could include evidence such photographs, medical records or witness statements. The more documentation that you have, the more convincing your case will be.

A law enforcement report is the first document you should have. The police officer who arrives at the scene of the accident will typically prepare a report. This report will provide important details about the incident and who was responsible for it.

Your attorney can also use the law enforcement report to pursue additional evidence if necessary. For example, if the incident occurred at a company, an employee at that site might have recorded video footage of the incident. If this is the case, a copy of the tape must be requested from the business as soon as is possible.

It is also important to document any expenses you incurred in the aftermath of the accident. This could include medical bills and records of your treatment, receipts for medicines rental car costs and in-home assistance or care transport costs, and much more. It is important to record the loss of income due to your accident. You can use your old tax returns and pay stubs.

It is also advisable to find the names of witnesses. These witnesses can be important sources of information in your case, especially those who are able to be present at trial. However, it's important to remember that witnesses can change their story over time and could forget specific details about the accident.

Intake and Investigation

If you have filed an insurance firm or are beginning a lawsuit against an at-fault driver, the process of intake is essential to obtaining the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will start by looking over your medical treatment documents, as well as copies of auto accident reports, and other evidence. They will also go to and document the scene of the accident.

This information will assist them comprehend the severity of your injuries both in terms of future and projected costs for your emotional and physical suffering. They will then review your financial losses in order to determine the value of your case. The damages you suffer could include not just future and present medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all the available evidence. They will also collect data from the cell phone and driving records of the drivers at fault to determine if they were using their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was working at it's impossible for the opposing side to prevail.

Filing an action

In the majority of car accident cases the parties are able to settle their disputes outside of court. Our team can help you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. However, if an agreement is not reached, our lawyers will start a lawsuit against the defendant. The Complaint will contain your claims and allegations relating to the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a particular timeframe to respond.

During the discovery phase, our lawyers will share documents and other information with the defendant while asking questions through interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, focusing on the circumstances under which they believe the crash occurred and the injuries you've suffered. We will also search for experts to back our assertions.

During the discovery phase, your lawyer can prepare legal documents referred to as motions with the court for a decision by the judge. These could include requests to the court to exclude certain evidence, or to set an appointment for trial. It can take as long as one year for the discovery process to be completed and a trial date scheduled. It is crucial to talk with an experienced Long Island auto accident attorney as early as you can in the process.