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The Intake Process for Car Accident Litigation

A lawyer who has experience in defending car accident cases can help you determine the potential strength of your case and what settlement amount you might get. But, this is only possible when you have all the relevant information.

The first step in a lawsuit involving a car accident is known as discovery. During this stage, attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

Documentation is a significant component of an Auto Accident law firms accident. This could be evidence like photographs, medical records, or witness statements. The more evidence you have, the more convincing your case will become.

The first piece of evidence you should have is a report from the police. The police officer who arrives at the scene will usually prepare a report. It will give valuable details about the accident and who was responsible for it.

If necessary, your attorney can use the police report to gather additional evidence. For instance, if an incident occurred in a business where employees were present, the site might have recorded footage of the incident. If this is the case, you should seek a copy from the business.

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

If you are able, obtain the names of any witnesses to the accident as well. These people may be able to provide important details, especially if can get them to give evidence in court. It is important to remember that witnesses may alter their stories and forget details about the incident as time passes.

Intake and Investigation

The process of intake is crucial to obtaining an adequate amount of compensation for your injuries sustained in an accident regardless of whether you've submitted an insurance claim or are suing the party at fault. Your attorney will begin by reviewing your medical records, as well as obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.

This will help them to understand the extent of the harm you've suffered in terms of current and projected costs for your physical or emotional suffering. They will then look over your financial losses to determine the total value of your case. Your damages may include not only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and reviewing any available evidence. They will also take the driving and cell phone records of the driver at fault in order to determine how they operated their vehicle during the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was on the job, since it could affect 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 conviction records. These details are typically not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After obtaining the medical records, your lawyer can begin settlement negotiations. In the beginning, the insurance company will present an offer that is usually substantially lower than the amount you demand in the letter. This is an opportunity to determine the credibility of your argument. In the counteroffer, you must be important to highlight the strongest points in your favor - for example, the insured was fully at fault and that you suffered severe injuries with high medical costs. The process of negotiating back and forth should eventually result in a fair and reasonable amount.

A skilled attorney can effectively argue your claim's merits, by presenting evidence to justify your losses. This could include photos of the car's damage as well as a police report and witness testimony. We are able to calculate the various components of your claim such as loss of income as well as pain and suffering, and police report.

At this point, if the insurance company still refuses to offer a reasonable amount, we have the option to start a lawsuit in the courtroom. A trial typically lasts between one and two days and is conducted by jurors or a judge. If your case settles prior to this stage, it can take several months. Your attorney might also be able to file a summary motion for judgment. This involves asserting all of the evidence in your favor and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident cases, the parties can settle their disputes without going to court. Our team will work to help you negotiate an agreement with the insurance company of the other driver company or directly with the at-fault party. If an agreement cannot be reached the lawyers of our firm will initiate a lawsuit against the defendant. The complaint contains your claims and allegations relating to the accident and the reasons why you are entitled to compensation. The defendant will be served with the Complaint and given a specific time frame to respond to it.

The discovery phase is when our attorneys and the defendant begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, including what they believe happened during the crash, as well as how they think it occurred and the injuries you've sustained. We will also seek out expert opinions that will support our stance.

During the discovery stage, your lawyer will file legal documents known as motions in court for a decision by a judge. This may include requesting the court to block evidence or to schedule a trial. It could take a year or more to complete the process of discovery and to set a trial date for your case. It is essential to speak with an experienced Long Island auto accident law firms accident attorney as early as you can during the process.