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The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to assist you determine the worth of your case and how much settlement you could receive. But this is only possible when you have all the relevant information.

Discovery is the first stage of an auto accident lawyer Accident law firms (https://utahsyardsale.com) accident case. During this phase, attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

A significant portion of the work involved in a car accident case is obtaining documentation. 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 police report is the very first document you need. Typically, the police officer who comes to the scene of the accident will draft the report, and it will give important details about what happened and who was responsible for the incident.

Your lawyer can also make use of the report of a law enforcement officer to gather additional evidence, if needed. If the accident happened in a place of business for instance, an employee may have recorded video footage. If this is the case, you must request a copy from the company.

You should also document any expenses you incurred in the aftermath of the auto accident lawsuits. This can include medical bills and records of your treatment, receipts for medication rental car expenses home care or assistance transport costs, and many more. In addition, you should keep track of any income loss as a result of your injury. You can use your old tax returns and pay stubs.

You should also find the names of witnesses. They may be able to give valuable information, especially if you are able to get them to appear in court. It is important to keep in mind that witnesses can alter their accounts over time, and may forget details of the accident.

Intake and Investigation

The process of intake is crucial to receiving fair compensation for your accident injuries, whether you have submitted an insurance claim or you are suing the person at fault. Your lawyer will begin by examining your medical records, obtaining copies of accident reports as well as other evidence. They will also go to the scene of the accident to document and observe what they can.

This information will allow them to understand the extent of the injuries you've sustained in relation to current and projected costs for your emotional or physical suffering. Then, they'll review your financial losses to estimate the value of your case. Your damages may include not just future and present medical expenses, but also your loss of 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 gather the driver at fault's driving and phone records to determine 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 evidence that suggests the driver was working, as this could impact their ability to pay for your damages.

As part of the process of discovery the lawyer will inquire about the defendant's criminal and traffic conviction records. These details are typically not admissible, but they could be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records, you're able to 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 strategy to see how strong your case is. In the counteroffer, it's important to emphasize the strongest arguments in your favor, for example, that the insured was fully at blame and that you were afflicted with severe injuries with significant medical expenses. Then, negotiations back and forth will result in an amount that is both fair and reasonable.

A skilled accident attorney can effectively argue for the benefits of your claim, including presenting evidence to support your losses. This may include photos of the car's damage, a police report and witness testimony. We also know how to calculate the value of various components of your claim, including lost income and suffering and pain.

If the insurance company refuses to pay an appropriate amount at this point, we can start a lawsuit. A trial typically lasts between one and two days and is judged by either a judge or jury. If your case is settled prior to reaching this phase, the process can take months. Alternatively, your attorney may be eligible to file an application for summary judgment. This is a way of claiming that all evidence is in your favor and arguing that it's impossible to allow the other side to win.

Filing a Lawsuit

In the majority of car accident instances, Auto accident law firms parties can settle their dispute outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the person who is at fault. However, if there is no agreement the lawyers of our firm will initiate an action against the defendant. The Complaint will include your claims and auto accident law firms allegations about how the accident occurred and why you are entitled to compensation. The defendant will be served the Complaint and given a specific amount of time to respond.

The discovery phase is where 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 about their view of the events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you've sustained. We will also request expert opinions that support our position.

During the discovery phase, your lawyer could file legal documents known as motions in court to be decided by a judge. This could mean asking the court to block evidence or schedule a trial. It can take a year or more to complete the discovery process and determine a trial date for your case. This is why it's crucial to work with an experienced Long Island car accident attorney at the beginning of the process.