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The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to assist you determine the potential strength of your case and the amount of settlement you can get. However this is only possible when you have all the relevant information.

Discovery is the initial step of an Auto Accident Law Firm accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

A lot of the work involved in a car crash case is collecting documentation. This could include evidence such photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will be.

A police report is the first document you should have. The police officer who arrives at the accident scene is likely to prepare a written report. It will provide important details about the accident and who was responsible.

If needed your lawyer has the option of using a police report to gather additional evidence. For example, if the incident occurred at a company where employees were present, the area may have recorded footage of the incident. If this is the case, you should request a copy from the company.

You should also keep track of the expenses you incur due to the accident. This can include medical bills and records of your treatment, receipts for medicines rental car charges and in-home assistance or care transport costs, and many more. Also, you should document the loss of income due to your injury. You can use your old tax returns and pay stubs.

You should also get the names of witnesses. These people may be able to provide valuable information, especially if you are able to get them to appear in court. It is important to keep in mind that witnesses are prone to altering their stories over time and forget details of the incident.

Intake and Investigation

The intake process is critical to receiving fair compensation for your injuries sustained in an accident regardless of whether you've filed an insurance claim or are suing the party at fault. Your lawyer will begin by looking through your medical records, obtaining copies of accident reports, and other evidence. They will also visit the site of the accident to observe and document what they can.

This will help them to determine the severity of the injuries you've suffered in relation to current and projected costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to estimate the value of your case. The damages could comprise not only your current and future medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and reviewing any available evidence. They will also gather data from the cell phone and driving records of the drivers who were at fault to see how they used their vehicle at the time. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working, as this could negatively impact their ability to pay your damages.

As part of the discovery process, your lawyer will also inquire about the defendant's traffic and criminal offense records. Generally, these details are not admissible in court, but they can be useful to discredit the credibility of the defendant in cross-examination.

The process of negotiating a settlement

Once you have the medical records, you are able to begin settlement negotiation. Initially, the insurance company will offer an offer which is usually much lower than what you request in the letter. This is a way to determine the strength of your case. In your counteroffer it is crucial to emphasize the most important points you have to your advantage. For instance, you could argue that the insurer was at fault and there were serious injuries and expensive medical expenses. Negotiating back and forth should eventually lead to an equitable and reasonable amount.

A skilled lawyer for accidents can effectively argue for your claim's merits, including presenting evidence to back your losses. This could include photos of the car damage as well as a police report and witness testimony. We also know how to determine the value of each element of your claim, like lost income and suffering and pain.

If the insurance company refuses to pay an appropriate amount at this point, we could file a lawsuit. A trial usually lasts between one and two days and is judged by a judge or a jury. If your case is settled before reaching this stage the process could take months. Or, your lawyer may be in a position to file a motion for summary judgment. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the other side to win.

Filing an action

In the majority of car accident cases, the parties are able to resolve their disputes without going to court. Our team will help you negotiate an agreement with the other driver's insurance company, or directly with the at-fault party. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint will list your assertions and allegations regarding how the accident occurred and the reason you should be compensated. The defendant will be served with the Complaint and given a certain time frame to respond to it.

The discovery stage is when our lawyers and the defendant will begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will inquire to the lawyer of the defendant regarding their view of the events, including what injuries you have suffered and what they believe happened. took place. We will also request expert opinions to support our position.

During the discovery phase, your lawyer can submit legal documents, also known as motions with the court to be decided by the judge. This may include requests for the court to block certain evidence or to set an appointment for trial. It can take up one year for Auto Accident Law Firm the discovery process to be completed and a trial date to be set. This is why it's crucial to partner with an experienced Long Island car auto accident attorney early on in the process.