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The Intake Process for Car Accident Litigation

A lawyer that specializes in 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 need is available.

The initial step in a lawsuit involving a car auto accident litigation is called discovery. During this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

Documentation is a significant aspect of the investigation in a car accident. This can include evidence like photographs, medical records or witness statements. The more evidence you have the more convincing your case will be.

The first document that you must have is a report from the police. Typically the police officer that comes to the scene of the accident will prepare reports, and these will give important details about how the crash occurred and who was responsible for the incident.

If necessary your lawyer has the option of using the police report to gather additional evidence. For instance, if an accident happened in a business, an employee at that location might have recorded footage of the incident. If this is the case, ask for a copy of the footage from the company.

You should also document the expenses you incur due to the accident. This can include medical bills or records of treatment, medication receipts rental car fees, in-home assistance or care transport costs, and many more. You should also document any income lost due to your injury. This could include old pay stubs and tax returns.

It is also advisable to get the names of witnesses. They may be able to give valuable information, especially if you are able to get them to give evidence in court. It is important to keep in mind that witnesses may alter their accounts and forget details regarding the accident as time passes.

Intake and Investigation

If you have filed a claim with an insurance company or are starting an action against an at-fault driver, the initial intake process is essential for obtaining full and fair compensation for your crash injuries. Your lawyer will begin by looking through your medical records, obtaining copies of accident reports and other evidence. They will also visit and document the scene of the accident.

This information will assist them know the extent of your injuries, both in terms of future and anticipated costs for your emotional and physical suffering. They will then review your existing and expected financial losses to determine the total value of your case. The damages you suffer could include not just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence. They will also collect the at-fault driver's driving and phone records to determine how they were using their vehicle at the time of the collision. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working while on the job, as this could affect the ability of them to pay damages.

In addition, your attorney will likely inquire regarding the defendant's prior criminal and traffic convictions during the discovery process. Generally speaking, these facts are not admissible in court but they could be helpful to impeach the defendant's credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records, you're able to begin settlement negotiations. Initially, the insurance company will present an offer which is usually considerably lower than what you requested in your letter. This is a way to assess how strong your case is. In the counteroffer it is crucial to emphasize the most important points in your favor - for instance, that the insured was completely at the fault and that you sustained severe injuries with significant medical expenses. Negotiating back and forth should eventually lead to an equitable and reasonable amount.

A skilled attorney can effectively argue your claim's merits, including presenting proof to support your losses. This may include photos of your car damage, police reports and witness testimony. We know how to calculate various elements of your claim, Auto Accident Lawyers including loss of income, pain and suffering and police reports.

If the insurance company refuses to pay an amount that is reasonable at this point, we can file a lawsuit. A trial usually lasts for one or two days and is either heard by a judge (called a bench trial) or a jury. If your case is settled prior to this phase it could take a few months. Your lawyer may also be able file a summary motion for judgment. This means claiming that all evidence is in your favor, and arguing that it is impossible for the other side to prevail.

Filing an action

In the majority of car accident cases, the parties can settle their dispute without the need for court. Our team will help you negotiate an agreement with the other driver's insurance company, or directly with the at-fault party. However, if there is no agreement, our lawyers will bring an action against the defendant. The complaint contains your claims and allegations relating to the auto accident legal and why you are entitled to compensation. The defendant is served the Complaint and given a specified period of time to reply.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their perspective on the events, focusing on what injuries you have suffered and how they believe it occurred. We will also solicit expert opinions that support our position.

During the discovery phase, your lawyer may make legal documents known as motions to the court to be decided by a judge. This could include requests for the court to block certain evidence or to schedule an appointment for trial. It can take up one year for the investigation process to be completed and a trial date established. This is why it's crucial to work with an experienced Long Island car auto accident case Accident Lawyers (Https://Www.Plantsg.Com.Sg/) attorney early in the process.