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The Intake Process for Car Accident Litigation

A lawyer that specializes in car accident litigation can help you determine the strength of your case is and how the settlement may be worth. This is only possible when all the information you need is available.

The first step in a car accident lawsuit is known as discovery. In this phase, attorneys and their teams will discuss documents and answer questions under the oath.

Documentation

Documentation is a major component of a car accident. This can include evidence like photos, medical records or witness statements. Generally, the more documentation you can provide to support your claim the stronger your case will be.

A law enforcement report is the first piece of paper you should have. Typically the police officer who comes to the scene of the accident will write a report, and this will give important details about how the accident occurred and who was at fault for the incident.

Your attorney can also use the report of a law enforcement officer to seek additional evidence if necessary. If the incident occurred in the business environment such as a place of business an employee might have recorded video footage. If this is the case, request a copy of the video from the company.

Record any expenses you have incurred because of the accident. Record any costs you incur due to. This can include medical bills as well as records of your treatment, receipts from medication rental car expenses, in-home assistance or care expenses for transportation, and more. In addition, you should document any lost income due to your accident. You can use old tax returns and pay stubs.

You should also try to obtain the names of witnesses. They might be able provide valuable information, particularly if you can get them to be a witness in court. It is important to remember that witnesses may alter their accounts over time, and they may forget details about the incident.

Intake and Investigation

Whether you have filed a claim with an insurance company or are preparing an action against the 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 through your medical documents, and then obtaining copies accident reports and other evidence. They will also visit the site of the crash to take note of what they can.

This information will assist them understand the extent of your injuries in relation to future and projected costs for your emotional and physical suffering. They will then review your financial losses to determine the value of your case. The damages could include not just future and present medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing the available evidence. They will also gather data from the cell phone and driving records of the driver at fault in order to determine if they were using their vehicle during the time. This is particularly important if there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver was working on the clock.

As part of the discovery process the lawyer will inquire about the defendant's traffic and criminal offense records. Generally, these details are not admissible in court but they could be helpful to impeach the defendant's credibility during cross examination.

Negotiating a Settlement

After you have obtained the medical records and obtaining the medical records, your lawyer can begin negotiations for settlement. In the beginning the insurance company will offer an offer which is usually substantially lower than the amount you demand in the letter. This is a way to determine the credibility of your argument. In your counteroffer, it's important to highlight the strongest points that you have in your favor. For instance, you could argue that the insurer was at fault and that there were severe injuries as well as expensive medical expenses. Then, bargaining back and forth should get you to an amount that is reasonable and fair.

A skilled accident lawyer can successfully argue for your claim's merits, including presenting proof to support your losses. This could include photographs of the car damage as well as a police report and witness testimony. We also know how to calculate the value of different elements of your claim, such as lost income and pain and suffering.

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 between one and two days and is heard either by jurors or a judge. If your case is settled prior to reaching this phase, the process can take months. Your attorney may also be able to file a summary motion to enter judgment. This is where you present all the evidence to your advantage and arguing that it's impossible for the opposing side to win.

Filing an action

In the majority of car accident cases parties can settle their dispute without the need for 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 cannot be reached our lawyers will bring an action against the defendant. The Complaint contains your claims as well as allegations regarding the auto accident lawsuits and why you are entitled to compensation. The defendant is served with the Complaint and carnrich.com given a specific period of time to reply.

During the discovery phase, our lawyers will share documents and other information with the defendant, while asking questions via interrogatories and depositions. Our team will ask questions to the lawyer for the defendant about their interpretation of the events, such as what injuries you have suffered and what they believe happened. occurred. We will also search for experts to back our claims.

During the discovery stage, your lawyer will submit legal documents, also known as motions to the court to be decided by the judge. These could include requests to the court to block certain evidence or set a trial date. It can take a year or more to complete the discovery process and determine the trial date for your case. It is essential to speak with an experienced Long Island auto accident attorneys accident attorney as early as possible in the process.