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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 might be worth. This is only possible when all the information you need is available.

The first step in a lawsuit involving a car accident is known as discovery. During this stage, attorneys and their teams discuss documents and answer questions under oath.

Documentation

Documentation is an integral part of the work in an auto accident. This could include evidence such as medical records, photos or witness statements. Generally, the more documentation you have to back your claim, the stronger your claim will be.

The first document that you must have is a report from the police. The police officer who arrives at the scene of the accident will usually write a report. It will give valuable information regarding the accident as well as who was responsible for it.

Your attorney may also make use of the report of a law enforcement officer to pursue additional evidence, if needed. For instance, if the incident occurred in a business, an employee at that location may have recorded footage of the incident. If this is the case, you must ask for a copy of the footage from the business.

It is also important to document the expenses you incur in the aftermath of the accident. This could include medical bills and records for your treatment, receipts from medication rental car costs, in-home care or assistance expenses for transportation, and many more. It is important to record any income you lose due to your injury. This can include old pay stubs as well as tax returns.

If you are able, obtain the names of witnesses to the accident as well. These people can serve as important sources of information in your case, especially in the event that they are able to be a witness in a trial. It is important to keep in mind that witnesses can alter their accounts and forget details about the incident over time.

Intake and Investigation

If you've made an insurance claim with an company or are preparing legal action against a negligent driver, the intake process is crucial to getting an adequate and fair settlement for the injuries you sustained in a crash. Your lawyer will begin by reviewing your medical records and then 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 assist them comprehend the severity of your injuries in relation to future and projected costs for your physical and emotional suffering. Then, they'll review your current and future financial losses in order to estimate the value of your case. Your damages can include not just your current and future medical costs but also income loss and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also collect the driving and cell phone records of the drivers at fault to determine how they operated their vehicle at that time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was working while at work, as this could affect 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 offence records. These facts are usually not admissible, but can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

Once you have received the medical records, it is possible to begin negotiations for settlement. In the beginning, the insurance company will present an offer that is usually considerably lower than what you demand in the letter. This is a way to assess the strength of your argument. In the counteroffer, you must be crucial to emphasize the most important arguments in your favor, for example, the insured was fully at fault and that you suffered severe injuries with high medical costs. Negotiating back and forth should eventually lead to an equitable and reasonable amount.

A skilled accident lawyer can successfully argue your claim's merits, including presenting proof to support your losses. This could include photos of car damages, police reports and witness testimony. We can calculate the various components of your claim, such as loss of income or pain and suffering, as well as police reports.

If the insurance company is unwilling to pay an acceptable amount at this point, we may 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 this phase it can take a few months. Or, your lawyer may be able to file a motion for summary judgment. This involves asserting that all evidence is in your favour, and arguing it's impossible for the other side to win.

Filing an action

In a majority of cases involving car accidents parties are able to settle their dispute out of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver responsible for the accident. If an agreement cannot be reached our lawyers will initiate an action against the defendant. The Complaint will list your claims and allegations about how the accident occurred and why you deserve compensation. The defendant will be served with the Complaint and given a certain time frame to respond to it.

During the discovery phase, our lawyers will share documents and other evidence with the defendant, while asking questions through interrogatories and depositions. Our team will be asking questions to the defendant's lawyer about their interpretation of the events, such as what injuries you've suffered and what they believe happened. occurred. We will also search for expert opinions to support our position.

During the discovery phase, your lawyer could make legal documents known as motions in court for a decision by the judge. This may include requesting the court to block evidence or schedule a trial. It can take a year or more to complete the discovery process and establish the date of trial for your case. It is imperative to speak with an experienced Long Island auto accident law firms accident law firm (125.141.133.9) accident attorney as early as you can in the process.