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The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases can help you determine the potential strength of your case and what settlement amount you might get. However this is only feasible if you have all the necessary information.

The first step in a car crash lawsuit is known as discovery. During this stage, attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

A lot of the work involved in a car crash case is collecting documentation. This could include evidence such as photos, medical records or witness statements. Generally speaking, the more evidence you have to support your claim the stronger your argument will be.

A law enforcement report is the first piece of paper you need. The police officer who arrives at the scene is likely to prepare a written report. This will provide valuable details about the accident and the person responsible for it.

Your attorney may also make use of a law enforcement report to obtain additional evidence in the event of need. For instance, if the incident occurred at a company or office, an employee working at the location may have recorded footage of the incident. If this is the case, seek a copy from the business.

You should also document the costs you have incurred in the aftermath of the accident. This could include medical bills and records for your treatment, receipts for medicines rental car expenses and in-home assistance or care, transportation costs, and many more. Additionally, you must keep track of any income loss due to your injury. You can use tax returns and pay stubs.

If you are able, obtain the names of any witnesses to the accident as well. These people can serve as important sources of information in your case, particularly those who are able to testify at trial. But, it's important to remember that witnesses can alter their story over time and could forget specific details about the incident.

Intake and Investigation

If you've filed an insurance company or have started legal action against a negligent driver, the initial intake process is essential for obtaining the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will begin by reviewing your medical records, and obtaining copies accident reports and other evidence. They will also go to the scene of the crash to observe and document what they can.

This information will help them understand the extent of your injuries in relation to future and anticipated costs for your emotional and physical suffering. They will then review your existing and expected financial losses to estimate the total value of your case. The damages could include not only your present and future medical costs, but also lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence. They will also collect the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the crash. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was at work, as this could negatively impact their ability to pay your damages.

Additionally, your attorney will likely inquire about the defendant's past criminal and traffic-related offenses during the discovery process. These details are generally not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After receiving the medical records, it is possible to begin negotiations for settlement. The insurance company is likely to make an initial offer that is much less than the amount you requested in your letter. This is an opportunity to assess the strength of your argument. In your counteroffer, it's crucial to emphasize the most important arguments you have to your advantage. For instance, you could argue the insurer was responsible and that there were severe injuries and the medical costs were high. Then, the back and forth negotiation will lead to an amount that is both fair and reasonable.

A skilled attorney for accidents can effectively argue for the benefits of your claim, including presenting evidence supporting your losses. This could include photographs of the damage to your car, a police report and witness testimony. We also know how to calculate the value of different elements of your claim, including loss of income, suffering and pain.

If the insurance company refuses to pay an amount that is reasonable at this point, we could start a lawsuit. A trial usually lasts up to two days and is supervised by an individual judge (called a bench trial) or lauderdale by the sea auto accident law firm jurors. If your case settles before this point, it can take several months. Your attorney may also be able to file a summary motion for judgment. This involves asserting that all evidence is in your favour, and arguing it's impossible for the opposition to prevail.

Filing an action

In the majority of car accident cases, the parties are able to settle their dispute out of court. Our team will help you negotiate an agreement with the other driver's insurance company or directly with the at-fault party. If no agreement is reached, Vimeo our attorneys will file a lawsuit against the defendant. The complaint contains your claims and allegations about the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond to it.

The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will be asking questions to the defendant's lawyer about their interpretation of the events, including what damages you've suffered and the way they believe it occurred. We will also seek out experts to back our position.

During the discovery process your lawyer may make legal motions to the court for a judge to decide on. This could include requests for the court to block certain evidence, or to set the date for a trial. It can take a whole year or more to complete the discovery process and establish a trial date for your case. It is essential to speak with an experienced Long Island west sacramento auto accident attorney accident attorney as early as possible in the process.