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The Intake Process for Car auto accident attorneys Litigation

A lawyer who is specialized in the field of car accident litigation can assist you in determining how strong your case is, and how much your settlement could be worth. This is only possible if all the information you require is available.

The first step in a lawsuit involving a car accident is called discovery. In this phase attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

A large portion of the work that goes into a car accident case is obtaining documentation. This could be evidence like medical records, photos or witness statements. The more evidence you have, the more convincing your case.

The first document you should have is a law enforcement report. Typically the police officer who comes to the scene of the crash will prepare reports, and these will provide crucial information on how the crash occurred and who was at fault for the incident.

Your attorney can also use an official report from law enforcement to seek additional evidence, if needed. For example, 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 request a copy from the company.

You should also keep track of the costs you have incurred in the aftermath of the accident. These could include medical bills and records of your treatment, receipts for medication rental car expenses and in-home assistance or care, transportation costs, and more. In addition, you should document any lost income because of your injury. This can include old pay slips and tax returns.

If you are able, obtain the names of witnesses to the incident as well. These people may be able to provide valuable details, especially if can get them to testify in court. But, it's important to keep in mind that witnesses can change their testimony over time and could forget specific details about the incident.

Intake and Investigation

Whether you have filed a claim with an insurance company or are preparing an action against the at-fault driver, the intake process is essential to obtaining the full and fair amount of compensation for the accident injuries. Your attorney will start by reviewing your medical treatment records, obtaining copies of auto accident claim reports and other available evidence. They will also visit the site of the crash to document and observe what they can.

This information will assist them know the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. The damages could not be limited to just future and present medical expenses, but also your lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and analyzing all the available evidence. They will also take the driver who was at fault and their driving phone records to determine the way they used their vehicle at the time of the collision. This is particularly important if there was a collision that involved an Uber or Lyft vehicle or any other evidence that suggests the driver worked while on the clock.

As part of the process of discovery, your lawyer will also ask about the defendant's traffic and criminal offense records. These facts are usually not admissible, but can be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

Once you have the medical records, your lawyer can begin settlement negotiations. The insurance company will often make an initial offer that is much smaller than the amount that you requested in your letter. This is a method to see how strong your case is. In your counteroffer, it's crucial to highlight the most powerful points that you have in your favor. For instance, you can say that the insurance company was in the wrong and that there were serious injuries as well as significant medical expenses. Negotiating back and forth could eventually lead to an acceptable and reasonable amount.

A skilled accident lawyer can effectively argue your claim's merits by presenting evidence to justify your losses. This could include photos of the car damage, police reports, and witness testimony. We also know how to calculate the value of each element of your claim, including lost income and pain and suffering.

At this point, if the insurance company still refuses to provide a reasonable amount, we have the option to bring a lawsuit to court. A trial typically lasts up to two days and is usually ruled by an individual judge (called a bench trial) or jurors. If your case settles prior to reaching this stage the process could take months. Or, your lawyer may be capable of filing a motion for summary judgment. This is a way of claiming that all evidence is 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 resolve their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or auto accident lawyer directly with the person who was at fault. If an agreement cannot be reached the lawyers of our firm will bring an action against the defendant. The Complaint will outline your claims and details about how the auto accident litigation accident lawyer; click the up coming webpage, occurred and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain amount of time to answer.

During the discovery phase, our lawyers will share documents and other materials with the defendant, while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of the events, including the circumstances under which they believe the crash happened and what injuries you've sustained. We will also look for expert opinions to support our assertions.

During the discovery process, your lawyer may file legal documents called motions to the court for a judge to rule on. This can include requesting the judge to exclude evidence or set a trial date. It can take as long as one year for the investigation process to be completed and a trial date scheduled. This is the reason it's essential to work with an experienced Long Island car accident attorney early in the process.