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The Intake Process for Car Accident Litigation

A lawyer who is specialized in the area of car accident litigation will assist you in determining how strong your case is and how the settlement you receive could be worth. This is only possible if all the information you need is available.

The initial step in a car crash lawsuit is called discovery. During this stage, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is a significant component of an accident. This could include evidence such photographs, medical records or witness statements. The more evidence you have the better your case will be.

The first piece of documentation you should have is a law enforcement report. The police officer who arrives at the accident scene will typically prepare a report. This report will provide important information regarding the accident as well as the person responsible for it.

Your attorney can also use an official report from law enforcement to gather additional evidence, if needed. For example, if the accident happened in a business or office, an employee working at the location may have recorded footage of the incident. If this is the case, ask for a copy of the footage from the company.

Keep track of any expenses you incur due to the accident. These could include medical bills and records of your treatment, receipts for medication rental car charges and in-home assistance or care expenses for transportation, and many more. You should also document any income lost due to your injury. This could include old pay stubs, as well as tax returns.

If you can, collect the names of witnesses to the accident as well. These people may be able to provide valuable information, particularly if you are able to have them be a witness in court. It is important to remember that witnesses may change their accounts and forget details about the incident as time passes.

Intake and Investigation

If you have filed an insurance company or are preparing an action against the at-fault driver, the process of intake is essential to obtaining full and fair compensation for your injuries from a crash. Your attorney will start by looking over your medical treatment documents, as well as copies of accident reports, and other evidence. They will also visit the scene of the crash to observe and document what they can.

This will help them to determine the severity of the injuries you've sustained as well as the future and current costs for your emotional or physical suffering. They will then review your financial losses to determine the value of your case. The damages could include not only future and current medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and reviewing any available evidence. They will also gather data from the cell phone and driving records of the drivers at fault to see how they used their vehicle during the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other sign that 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 ask about the defendant's criminal and traffic record of offenses. In general, these information are not admissible in court but they could be helpful to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you have obtained the medical records, your lawyer can begin negotiations on settlement. In the beginning the insurance company will present an offer that is often significantly lower than the amount you demand in the letter. This is a tactic to see how strong your case. In the counteroffer, you must be important to emphasize the strongest arguments you have in your favor - for instance, that the insured was at the fault, and that you suffered severe injuries with significant medical expenses. In the end, a lot of bargaining back and forth will result in an amount that is reasonable and fair.

An experienced attorney will effectively argue the benefits of your claim, including presenting evidence supporting your losses. This may include photos of the damage to your vehicle, a police report and witness testimony. We have the ability to calculate the various components of your claim, including loss of income along with pain and suffering as well as a police report.

If the insurance company is unwilling to pay a reasonable amount at the moment, we can make a claim. A trial typically lasts one or two days and is supervised by a judge (called a bench trial) or jurors. If your case settles before this point it could take a few months. Your attorney might also be able file a summary motion for judgment. This involves asserting all of the evidence in your favor and arguing that it is impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of cases involving car auto accidents parties are able to resolve their disputes outside of court. Our team will help you negotiate a settlement with the insurance company, or directly with the at-fault party. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specific period of time to reply.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, such as what they believe happened, how they believe it occurred and what injuries you've suffered. We will also search for expert opinions to support our position.

During the process of discovery, your lawyer could submit legal documents known as motions to the court to a judge's decision on. This could include requests for the court to omit certain evidence or set an appointment for trial. It could take a year or more to complete the discovery process and set a trial date for your case. It is essential to speak with an experienced Long Island auto accident lawyer accident law firms, https://www.dermandar.com/user/scentshame66, accident attorney as early as possible during the process.