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The Intake Process for Car Accident Litigation

An experienced lawyer in defending car accident cases can help you determine the strength of your case and the amount of settlement you could receive. However, this is only possible with all the necessary information.

The first step in a car crash lawsuit is called discovery. In this phase, attorneys and their teams exchange documents and discuss questions under the oath.

Documentation

Documentation is a significant element of a car auto accident attorneys. This could be evidence like photos, medical records or witness statements. Generally speaking, the more evidence you can provide to support your claim the stronger your claim will be.

A law enforcement report is the primary document you need. The police officer who arrives at the scene is likely to prepare a written report. It will provide important information regarding the accident as well as who was responsible.

Your lawyer may also utilize the report of a law enforcement officer to seek additional evidence in the event of need. If the accident occurred in the workplace for auto accident attorney instance an employee could have recorded video footage. If this is the case, a copy of the tape must be requested from the company as soon as possible.

Document any expenses you incurred as a result of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records of your treatment, receipts from medication rental car costs and in-home care or assistance as well as transportation costs. You should also document any income lost due to your accident. You can utilize old tax returns and pay stubs.

You should also try to get the names of witnesses. These people can serve as important sources of information in your case, particularly when they can testify at trial. It is important to keep in mind that witnesses can alter their story and forget details about the incident over time.

Intake and Investigation

The process of intake is crucial to obtaining an adequate amount of compensation for your injuries from an accident, whether you have filed a claim with an insurance company or are suing the responsible party. Your attorney will start by looking through your medical records, obtaining copies of accident reports and other evidence. They will also visit and document the accident scene.

This will help them to determine the severity of the harm you've suffered, both in terms cost and projections for your physical or emotional suffering. Then, they will review your financial losses to estimate the value of your case. Your damages can comprise not only your current and future medical costs but also income loss and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any evidence. They will also take the driver who was at fault and their driving cell phone records to see what they were doing with their vehicle at the time of the collision. This is particularly important if there was a collision that involved an Uber or Lyft car or any other evidence that suggests the driver was working around the clock.

As part of the process of discovery Your lawyer will ask about the defendant's traffic and criminal 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.

Negotiating a Settlement

Once you have the medical records after which your lawyer can start negotiations for settlement. In the beginning the insurance company will present an offer that is usually significantly lower than the amount you have requested in the letter. This is a way to assess the strength of your case. In the counteroffer, it is important to emphasize the strongest arguments for your side - for instance, that the insured was fully at blame and that you were afflicted with severe injuries with significant medical expenses. In the end, a lot of negotiations back and forth should get you to an amount that is reasonable and fair.

A skilled accident attorney can effectively argue for the merits of your claim, including presenting evidence to support your losses. This could include photos of vehicle damages, police reports and witness testimony. We also know how to calculate the value of different elements of your claim, like loss of income, suffering and pain.

If, at this point, the insurance company still refuses to offer a reasonable amount, we can decide to make a claim in court. A trial typically lasts between one and two days, and is judged by jurors or a judge. If your case settles before this stage it could take several months. Alternatively, your attorney may be capable of filing a motion for summary judgement. This means claiming that all evidence is in your favor and arguing that it's impossible for the other side to prevail.

Filing an action

In the majority of car crash instances, parties can settle their dispute without the need for court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the party at fault. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and allegations about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint, and given a specific amount of time to respond.

During the discovery phase, our attorneys will exchange documents and other evidence with the defendant and ask questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, focusing on what they believe happened, how they believe it happened and what injuries you've sustained. We will also seek out expert opinions that enforce our position.

During the discovery process your lawyer may make legal motions to the court to a judge's decision on. This could mean asking the court to block evidence or schedule a trial. It could take up to one year for the investigation process to be completed and a trial date established. It is essential to speak with an experienced Long Island auto accident attorney as early as you can in the process.