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The Intake Process for Car Accident Litigation

A lawyer who is specialized in the area of car accident litigation will assist you in determining how strong your case is, and how the settlement might be worth. This is only possible when all the information you require is available.

Discovery is the very first step of an auto accident lawsuits accident case. During this phase attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

A lot of the work involved in a car accident investigation is gathering evidence. This could include evidence such as photos, medical records or witness statements. The more evidence you have the better your case will be.

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

If necessary your attorney has to use the police report to gather additional evidence. If the accident happened in a place of business for instance employees may have recorded video footage. If this is the situation, the tape must be requested from the business as soon as possible.

Document any expenses you incurred due to the accident. Document any expenses you incurred due to. This could include medical expenses, records of your treatment, medication receipts rental car costs as well as in-home assistance or care, transportation costs and more. It is important to record any income lost due to your accident. This can include old pay slips and tax returns.

If you are able to, request the names of any witnesses to the accident as well. These people may be able to provide valuable information, especially if are able to have them give evidence in court. It is important to keep in mind that witnesses can alter their story and forget details about the incident as time passes.

Intake and Investigation

If you have filed an insurance company or are starting an action against an at-fault driver, the process of intake is essential for obtaining an adequate and fair settlement for the accident injuries. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit and document the scene of the accident.

This information will assist them comprehend the severity of your injuries both in terms of current and projected future costs for your emotional and physical suffering. Then, they'll review your current and future financial losses in order to estimate the value of your case. The damages you suffer could include not only future and current medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and auto accident Law firm analyzing all the available evidence. They will also take the at-fault driver's driving and phone records to determine what they were doing with their vehicle at the time of the accident. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the job, since this could impact the ability of them to pay damages.

In addition, your attorney will likely ask questions about the defendant's previous criminal and traffic convictions during the discovery process. In general, these information are not admissible in court but they can be useful to impeach the defendant's credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records then your lawyer will begin negotiations to settle the matter. Initially the insurance company will present an offer that is often much lower than what you have requested in the letter. This is a tactic to see how strong your case is. In the counteroffer, you must be crucial to highlight the most powerful arguments for your side - for example, the insured was at the fault and that you sustained serious injuries that resulted in the highest medical costs. In the end, a lot of bargaining back and forth will result in an amount that is both fair and reasonable.

A skilled auto accident law firms lawyer can effectively argue your claim's merits, including presenting proof to support your losses. This could include photographs of the damage to your car as well as a police report and witness testimony. We also know how to determine the value of each element of your claim, including loss of income, pain and suffering.

If at this point the insurance company is still refusing to offer a fair amount, we may choose to bring a lawsuit to court. A trial usually lasts for between one and two days. It is supervised by an individual judge (called a bench trial) or a jury. If your case is settled before reaching this phase it could take months. Your attorney might also be able file a summary motion to enter judgment. This is a way of claiming that all evidence is in your favor and arguing that it's impossible to allow the opposition to win.

Filing a Lawsuit

In the majority of car crash cases, the parties can settle their disputes outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. However, if an agreement cannot be reached our lawyers will file an action against the defendant. The Complaint will list your claims and allegations about how the accident occurred and the reasons you are entitled to compensation. The defendant is served with the Complaint and given a certain time frame to respond.

During the discovery phase, our attorneys will discuss documents and other material 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 the events, including the circumstances under which they believe the crash took place and what injuries you've sustained. We will also seek out expert opinions to support our position.

During the discovery process, your lawyer can make legal motions to the court for a judge's ruling on. This could include asking the judge to exclude evidence or set a trial date. It could take a year or more to complete the discovery process and determine an appointment date for your case. It's crucial to consult with an experienced Long Island auto accident Law firm accident attorney early in the process.