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The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to help you determine the potential strength of your case and the amount of settlement you can receive. This is only possible if all the information you need is available.

The initial step in a lawsuit involving a car accident is known as discovery. During this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is a significant component of an auto accident. This can include evidence like medical records, photos or witness statements. The more evidence you have to back your claim, the stronger your case will be.

The first piece of documentation you should have is a law enforcement report. Typically the police officer who comes to the scene of the accident will write reports, and these will contain important information about how the crash occurred and who was responsible for the incident.

Your lawyer can also make use of the law enforcement report to pursue additional evidence in the event of need. For instance, if an incident occurred at a company, an employee at that site might have recorded video footage of the incident. If this is the case, you should request a copy from the company.

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

If you are able, obtain the names of witnesses to the incident as well. They may be able provide valuable details, especially if are able to get them to be a witness in court. It's important to remember that witnesses may change their accounts and forget details about the incident as time passes.

Intake and Investigation

The intake process is critical to receiving fair compensation for your injuries from an accident, whether you have submitted an insurance claim or you are suing the person at fault. Your lawyer will begin by reviewing your medical treatment documents, as well as copies of accident reports as well as other evidence. They will also visit the site of the accident to take note of what they can.

This information will help them understand the extent of your injuries, both in terms of future and current costs for your physical and emotional suffering. Then, they'll review your financial losses in order to estimate the value of your case. The damages could include not just your current and future medical costs as well as lost income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and auto Accident analyzing all the available evidence. They will also gather the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the accident. This is especially important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working while on the job, as this could negatively impact their ability to pay your damages.

As part of the discovery process, your lawyer will also ask about the defendant's criminal and traffic offence records. Generally, these details are not admissible in court but they can be useful to undermine the credibility of a defendant during cross-examination.

The process of negotiating a settlement

After you have obtained the medical records then your lawyer will begin negotiations for settlement. The insurance company is likely to make an initial offer that is much less than what you demanded in your letter. This is a method to determine the strength of your case. In your counteroffer, it is essential to highlight the most compelling arguments you have to your advantage. For instance, you could argue that the insurer was at fault and there were serious injuries as well as the medical costs were high. Negotiating back and auto Accident forth could eventually lead to an appropriate and fair amount.

A skilled lawyer for accidents can effectively argue your claim's merits, including presenting evidence to back your losses. This could include photographs of the damage to your vehicle, a police report and witness testimony. We also know how to determine the value of various elements of your claim, like loss of income, suffering and pain.

At this point, if the insurance company refuses to offer a reasonable amount, we have the option to file a lawsuit in court. A trial usually lasts up to two days and is either heard by a judge (called a bench trial) or jurors. If your case settles prior to reaching this phase the process could take months. In addition, your attorney might be in a position to file a motion for summary judge. This involves asserting all of the evidence in your favor and arguing that it is impossible for the opposing side to prevail.

Filing an action

In the majority of cases involving car accidents the parties are able to resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party who was at fault. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint will outline your claims and allegations about the cause of the crash and why you deserve compensation. The defendant will be served the Complaint and given a particular amount of time to respond to it.

During the discovery phase, our attorneys will discuss documents and other materials with the defendant while asking questions via interrogatories and depositions. Our team will inquire to the lawyer of the defendant regarding their view of the events, including what injuries you've sustained and the way they believe it happened. We will also seek out expert opinions to support our position.

During the discovery phase, your lawyer can submit legal documents, also known as motions to the court for the decision of a judge. This could include requests for the court's decision to exclude certain evidence or to set a trial date. It can take as long as an entire year for the discovery process to be completed and a trial date to be set. It is essential to speak with an experienced Long Island auto accident lawyer accident attorney as early as you can during the process.