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The Intake Process for Car Accident Litigation

An experienced lawyer in litigation involving car accidents can help you determine the strengths of your case as well as the amount of settlement you could get. However, this is only possible when you have all the information needed.

Discovery is the first stage of a car accident case. In this stage, attorneys and their teams will discuss documents and answer questions under oath.

Documentation

A large portion of the work involved in a car accident case is obtaining documentation. This may include evidence such as medical records, photos, or witness statements. In general, the more evidence you have to back your claim the more convincing your argument will be.

A police report is the primary document you need. Typically the police officer that arrives at the scene of the auto accident lawyers will write a report, and this will provide important information about how the crash occurred and who was responsible for the incident.

Your lawyer may also utilize the law enforcement report to pursue additional evidence, if needed. If the accident happened in the workplace for instance employees may have recorded video footage. If this is the case the tape must be requested from the business as soon as it is possible.

You should also record the expenses you incur in the aftermath of the accident. These could include medical bills and records for your treatment, receipts from medication rental car charges and in-home assistance or care expenses for transportation, and more. It is important to record the loss of income due to your accident. This could include old pay stubs and tax returns.

It is also advisable to find the names of witnesses. These witnesses can be valuable sources of information for your case, especially if they are able to testify at trial. However, it's important to keep in mind that witnesses are prone to altering their testimony over time and may forget details of the incident.

Intake and Investigation

If you've made a claim with an insurance company or have started an action against the at-fault driver, the initial intake process is essential to obtaining the full and fair amount of compensation for the accident injuries. Your lawyer will begin by looking over your medical treatment documents, as well as copies of auto accident lawsuits reports, and other evidence. They will also go to the scene of the Auto accident law Firms to take note of what they can.

This information will assist them know the extent of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to determine the worth of your case. Damages could include not only your present and future medical costs but also lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and analyzing all available evidence. They will also collect the at-fault driver's driving and cell phone records to see the way they used their vehicle at the time of the accident. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was working while at work, as this could affect their ability to pay for your damages.

Additionally, your attorney will likely inquire about the defendant's past criminal and traffic offence history as part of the discovery process. Generally, Auto accident law firms these details are not admissible in court, however they can be useful to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you're able to begin settlement negotiations. In the beginning, the insurance company may make an offer that's usually substantially lower than the amount you request in the letter. This is a method to assess the strength of your argument. In your counteroffer, it's essential to highlight the most compelling points that you have in your favor. For example, that the insurance company was in the wrong and that there were serious injuries and high medical costs. Eventually, the back and forth negotiation should get you to an amount that is both fair and reasonable.

A skilled attorney can effectively argue for your claim's merits, including presenting proof to support your losses. This may include photos of the damage to your vehicle as well as a police report and witness testimony. We have the ability to calculate various elements of your claim, including lost income, pain and suffering and police report.

If the insurance company refuses to pay an appropriate amount at this point, we can make a claim. A trial typically lasts between one and two days, and is conducted by a judge or a jury. If your case is settled before reaching this stage it could take months. Your attorney may be in a position to file a motion for summary judgement. This is a way of claiming that all evidence is in your favor and arguing that it's impossible to allow the opposing side to prevail.

Filing a Lawsuit

In the majority of car accident cases the parties are able to resolve their disagreement outside of court. Our team will work to assist you in negotiating an agreement with the other driver's insurance company, or directly with the person at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a certain timeframe to respond to it.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, focusing on the circumstances under which they believe the crash happened and what injuries you've suffered. We will also seek out expert opinions that support our position.

During the discovery phase, your lawyer could file legal documents known as motions with the court for the decision of the judge. This may include requests for the court to omit certain evidence or to schedule an appointment for trial. It can take a year or more to complete the discovery process and set a trial date for your case. This is why it's vital to consult with a seasoned Long Island car accident attorney at the beginning of the process.