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The Intake Process for Car Accident Litigation

A lawyer who has experience in the field of car accident litigation can help you determine the potential strength of your case and how much settlement you could receive. But it is only possible if you have all the necessary information.

Discovery is the first step of a car accident case. During this stage, attorneys and their teams will exchange documents and discuss questions under the oath.

Documentation

Documentation is a large aspect of the investigation in an auto accident lawsuit accident. This can include evidence such as photographs, medical records or witness statements. The more evidence you have, the more convincing your case.

A police report is the first piece of paper you need. Typically the police officer who arrives at the scene of the accident will prepare reports, and these will provide crucial information on the circumstances of the crash and who was responsible for the incident.

Your lawyer may also utilize the law enforcement report to seek additional evidence if required. If the accident occurred in a place of business, for example an employee might have recorded video footage. If this is the case a copy of the tape must be requested from the business as quickly as it is possible.

It is also important to document any expenses you incurred as a result of the accident. These could include medical bills and records for your treatment, receipts for medicines, rental car fees as well as in-home care or assistance transport costs, and much more. In addition, you should document any lost income as a result of your accident. This could include old pay stubs as well as tax returns.

If you are able, obtain the names of witnesses to the accident as well. They may be able to give valuable information, especially if can get them to be a witness in court. It is important to remember that witnesses may alter their story and forget details regarding the accident as time passes.

Intake and Investigation

The process of intake is vital to obtaining fair compensation for your accident injuries regardless of whether you've filed an insurance claim or you are suing the person at fault. Your attorney will begin by reviewing your medical records, and obtaining copies of auto accident attorney reports as well as other evidence. They will also go to and document the accident scene.

This information will enable them to understand Auto Accident the extent of the injuries you've sustained as well as the current and projected costs for your emotional or physical suffering. Then, they'll review your current and future financial losses in order to determine the worth of your case. The damages could include not only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any available evidence. They will also gather the driver at fault's driving records and cell phone records to see how they used their vehicle at the time of the collision. This will be especially 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 negatively impact the ability of them to pay damages.

In addition to this your attorney may inquire about the defendant's criminal and traffic-related offenses as part of the discovery process. Generally, these details are not admissible in court, however they could be helpful to discredit the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After you have obtained the medical records, your lawyer can begin negotiations on settlement. In the beginning the insurance company may make an offer which is usually significantly lower than the amount you have requested in the letter. This is a strategy to assess how strong your argument is. In your counteroffer it is important to highlight the strongest points you have in your favor. For instance, you could argue that the insurance company was responsible and that there were serious injuries as well as expensive medical expenses. In the end, bargaining back and forth will lead to an amount that is fair and reasonable.

A skilled accident lawyer can effectively argue for your claim's merits, including presenting evidence to prove your losses. This could include photos of vehicle damage, police reports, and witness testimony. We can calculate the various components of your claim, such as loss of income along with pain and suffering as well as a police reports.

If the insurance company refuses to pay a reasonable amount at this point, we may start a lawsuit. A trial typically lasts between one and two days, and is judged by either a judge or jury. If your case settles prior to reaching this phase, the process can take months. Your attorney might also be able to file a summary motion for judgment. This is where you present all the evidence to your advantage and arguing that it is impossible for Auto Accident the opposing side to win.

Filing a Lawsuit

In the majority of car accident cases, the parties can settle their dispute without going to court. Our team will help you negotiate with the insurance company of the other driver or directly with the driver who was at fault. However, if an agreement is not reached our lawyers will start a lawsuit against the defendant. The Complaint will list your claims and allegations regarding the circumstances of the crash and the reason you should be compensated. The defendant will be served the Complaint and given a specific time frame to respond.

During the discovery phase, our lawyers will exchange documents and other evidence with the defendant, while asking questions via interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, such as how they believe the crash took place and what injuries you've sustained. We will also look for expert opinions to support our claims.

During the process of discovery, your lawyer could file legal documents called motions to the court for a judge to decide on. This may include requesting the court to block evidence or set a trial date. It could take a year or more to complete the discovery process and set the trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.