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The Intake Process for Car Accident Litigation

A lawyer that specializes in litigation involving car accidents can help you determine the strength of your case is and also how the settlement may be worth. This is only possible when all the information you need is available.

The initial step in a lawsuit involving a car accident is known as discovery. In this stage, attorneys and their teams will communicate with each other and ask questions under an oath.

Documentation

A lot of the work that goes into a car accident case is obtaining documentation. This could include evidence such as 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 police report. Typically, the police officer who comes to the scene of the accident will draft reports, and these will provide crucial information on the circumstances of the crash and who was at fault for the incident.

Your lawyer may also utilize a law enforcement report to seek additional evidence if required. For example, if the incident occurred in a business, an employee at that area may have recorded video footage of the incident. If this is the case, a copy of the tape must be requested from the business as soon as it is possible.

You should also record any expenses you incurred due to the accident. This could include medical expenses and records of your treatment, medication receipts rental car expenses for in-home assistance, care at home, transportation costs and more. Also, you should document any income loss due to your injury. This can include old pay stubs as well as tax returns.

It is also advisable to find the names of witnesses. These people may be able to provide valuable information, especially if you can convince them to be a witness in court. It's important to remember that witnesses may alter their story and forget details about the incident over time.

Intake and Investigation

The process of intake is vital to receiving fair compensation for your injuries from an new smyrna beach auto accident lawyer, whether you have filed an insurance claim or you are suing the person at fault. Your attorney will start by looking through your medical documents, and then obtaining copies accident reports and other evidence. They will also go to and document the scene of the accident.

This information will enable them to understand the extent of the injuries you've suffered in relation to actual and projected costs for your emotional or physical suffering. They will also review your financial losses to determine the value of your case. The damages you suffer could include not only future and ongoing medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing all the available evidence. They will also collect the driver who was at fault and their driving cell phone records to see the way they used their vehicle at the time of the crash. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working, as it could affect their ability to pay your damages.

In addition to this your attorney may inquire regarding the defendant's prior criminal and traffic offence history in the discovery process. These information is generally not admissible, but can be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records, you can begin settlement negotiation. In the beginning the insurance company will make an offer which is usually much lower than what you demand in the letter. This is a way to test how convincing your case is. In the counteroffer, it is crucial to highlight the most powerful arguments in your favor, for instance, that the insured was completely at fault and that you suffered serious injuries that resulted in significant medical expenses. Then, the back and forth negotiation should result in an amount that is fair and reasonable.

A skilled attorney for richardson Auto accident lawyer accidents can effectively argue for the merits of your claim, including presenting evidence supporting your losses. This may include photos of the damage to your car or a police report, as well as witness testimony. We are able to calculate the various components of your claim, including loss of income along with pain and suffering as well as a police report.

If, at this point, the insurance company refuses to offer a fair amount, we can choose to file a lawsuit in court. A trial typically lasts between one and two days, and is conducted by jurors or a judge. If your case is settled before reaching this stage the process could take months. Alternatively, your attorney may be able to file a motion for summary judgement. This involves asserting all of the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In a majority of car accident cases parties can settle their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the person who was at fault. If there is no agreement, our lawyers will initiate a lawsuit against the defendant. The Complaint outlines your claims and allegations about the accident and why you are entitled to compensation. The defendant is served the Complaint, and given a specific time frame to respond.

The discovery phase is where our lawyers and the defendant begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will pose questions to the defendant's lawyer about their version of the events, including what injuries you have suffered and how they believe it took place. We will also seek out expert opinions that enforce our position.

During the discovery phase, your lawyer can make legal documents known as motions with the court to be ruled on by a judge. This could include requests for the court to omit certain evidence or to set the date for a trial. It could take a year or more to complete the discovery process and determine a trial date for your case. It is essential to speak with an experienced Long Island richardson auto accident lawyer sylvania auto accident attorney attorney early during the process.