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The Intake Process for Car Accident Litigation

An experienced lawyer in the field of car accident litigation can help you determine the worth of your case and the amount of settlement you can receive. However, this is only possible with all the information needed.

The initial step in a lawsuit involving a car accident is known as discovery. During this stage attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is an integral element of a car auto accident attorney. This could include evidence like photos, medical records, or witness statements. In general, the more evidence you have to support your claim the more convincing your case will be.

A police report is the very first document you need. Typically, the police officer who arrives at the scene of the crash will prepare an investigation report. This will contain important information about how the crash occurred and who was responsible for the incident.

Your lawyer may also utilize a law enforcement report to pursue additional evidence in the event of need. If the auto accident law firms occurred in the workplace such as a place of business an employee might have recorded video footage. If this is the case the tape must be requested from the company as soon as possible.

You should also record any expenses you incurred in the aftermath of the accident. This can include medical bills and records for your treatment, receipts from medication rental car charges as well as in-home care or assistance expenses for transportation, and more. In addition, you should keep track of any income loss as a result of your injury. You can use tax returns and pay stubs.

You should also obtain the names of witnesses. They could be valuable sources of information for your case, especially those who are able to be present at trial. It is important to remember that witnesses are prone to altering their testimony over time and forget details of the accident.

Intake and Investigation

If you have filed an insurance firm or are beginning an action against the at-fault driver, the initial intake process is essential for obtaining an adequate and fair settlement for the accident injuries. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports as well as other evidence. They will also visit the site of the accident to record and observe what they can.

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

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any available evidence. They will also collect information about the driving habits and cell phones of the drivers at fault to determine how they used their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working while on the job, as this could negatively impact their ability to pay your damages.

As part of the process of discovery the lawyer will ask about the defendant's traffic and criminal record of offenses. These facts are usually not admissible but could be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents after which your lawyer can start settlement negotiations. The insurance company is likely to make an initial offer that is less than what you requested in your letter. This is a tactic to assess how strong your argument is. In the counteroffer, you must be important to emphasize the strongest arguments you have in your favor - for example, the insured was entirely at the fault and that you sustained serious injuries that resulted in high medical expenses. The process of negotiating back and forth should eventually lead to a fair and reasonable amount.

A skilled accident lawyer can successfully argue your claim's merits, by presenting evidence to justify your losses. This could include photos of the damage to your car, a police report and witness testimony. We know how to calculate various aspects of your claim, such as lost income or pain and suffering, as well as police reports.

If, at this point, the insurance company refuses to offer a fair amount, we can choose to bring a lawsuit to court. A trial typically lasts about two or three days and can be heard by an individual judge (called a bench trial) or by a jury. If your case is settled prior to this stage, it can take several months. In addition, your attorney might be eligible to file a motion for summary judge. This means claiming that all evidence is in your favor and arguing that it's impossible to allow the opponent to prevail.

Filing an action

In the majority of car accident cases, the parties are able to settle their dispute without the need for court. Our team can help you negotiate with the insurance company of the other driver or directly with the party who is at fault. If an agreement is not reached our lawyers will start a lawsuit against the defendant. The Complaint outlines your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a specific amount of time to respond.

During the discovery phase, our lawyers will discuss documents and other material with the defendant while asking questions via interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, including the circumstances under which they believe the crash took place and what injuries you've sustained. We will also seek expert opinions that support our position.

During the discovery stage, your lawyer will file legal documents known as motions to the court to be decided by the judge. This can include requests for the court's decision to exclude certain evidence or to schedule the date for a trial. It could take up to one year for the investigation process to be completed and a trial date scheduled. It is essential to speak with an experienced Long Island auto accident attorney early in the process.