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The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases will be able to help you determine the potential strength of your case and the amount of settlement you can receive. But it is only possible with all the necessary information.

The first step in a lawsuit involving a car accident is known as discovery. During this phase attorneys and their teams will exchange documents and ask questions under an oath.

Documentation

A large portion of the work involved in a car accident case is collecting documentation. This could be evidence like photographs, medical records or witness statements. The more evidence you have to support your claim the more convincing your claim will be.

The first piece of documentation you need is a police report. Typically, the police officer who arrives at the scene of the auto accident law firm will prepare an investigation report. This will provide crucial information on what happened and Auto accident law Firm who was responsible for the incident.

Your lawyer may also utilize the report of a law enforcement officer to gather additional evidence if necessary. If the incident occurred at a place of business, for example an employee could have recorded video footage. If this is the case, ask for a copy of the footage from the business.

Note any costs you have incurred because of the accident. Document any expenses you incurred due to. This can include medical bills and records of your treatment, receipts for medicines, rental car fees as well as in-home care or assistance as well as transportation costs and much more. Additionally, you must keep track of any income loss because of your accident. You can use old tax returns and pay stubs.

It is also advisable to get the names of witnesses. They may be able to provide valuable details, especially if are able to have them testify in court. However, it's important to keep in mind that witnesses may alter their accounts over time, and could forget specific details about the incident.

Intake and Investigation

If you have filed an insurance company or are preparing an action against an at-fault driver, the process of intake is crucial to getting the full and fair amount of compensation for the accident injuries. Your attorney will start by looking over your medical treatment documents, and then obtaining copies accident reports, and other evidence. They will also visit and document the scene of the auto accident.

This will help them comprehend the severity of your injuries in relation to future and current costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to determine the total value of your case. Damages could include not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing the available evidence. They will also collect driving and cell phone records of the at-fault drivers to determine if they were using their vehicle at that time. This is especially important if there was a collision that involved an Uber or Lyft vehicle, or any other indication that the driver was working on the clock.

As part of the discovery procedure Your lawyer will ask about the defendant's traffic and criminal offence records. These facts are usually not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you have received your medical records, you can begin negotiations for settlement. The insurance company will typically make an initial offer that is much lower than the amount you demanded in your letter. This is a way to test the strength of your argument. When you counteroffer, it's crucial to highlight the most powerful arguments you have in your favor. For auto accident law Firm instance, if you claim the insurer was responsible and that there were severe injuries as well as the medical costs were high. Negotiating back and forth will eventually lead to an appropriate and fair amount.

A skilled attorney for accidents can successfully argue the merits of your claim including presenting evidence supporting your losses. This could include photos of vehicle damage, police reports and witness testimony. We also know how to calculate the value of various components of your claim, like loss of income, pain and suffering.

If at this point the insurance company still refuses to offer a fair amount, we can choose to start a lawsuit in the courtroom. A trial typically lasts up to two days and is either heard by an individual judge (called a bench trial) or jurors. If your case settles prior to reaching this phase the process could last months. Or, your lawyer may be able to file a motion for summary judgment. This involves arguing that all evidence is in your favor and arguing it's impossible for the opposition to prevail.

Filing a Lawsuit

In a majority of cases involving car accidents parties can settle their dispute out of court. Our team will assist you in negotiating an agreement with the other driver's insurance company, or directly with the party at fault. If there is no agreement our lawyers will file an action against the defendant. The Complaint contains your claims as well as allegations regarding the accident and why you are entitled to compensation. The defendant is served the Complaint, and given a set time frame to respond.

The discovery stage is when our lawyers and the defendant will begin to exchange documents and other material and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, focusing on the circumstances under which they believe the crash occurred and the injuries you've sustained. We will also solicit expert opinions that enforce our position.

During the discovery process your lawyer may submit legal documents known as motions to the court for a judge to decide on. This could include asking the court to block evidence or to schedule a trial. It can take up to an entire year for the discovery process to be completed and a trial date to be set. This is why it's vital to partner with an experienced Long Island car auto accident attorneys attorney early on in the process.