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The Intake Process for Car Accident Litigation

A lawyer with expertise in car accident litigation can help you determine how solid your case is, and how the settlement might be worth. This is only possible when all the information you need is available.

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

Documentation

Documentation is a large element of an auto accident. This could include evidence such medical records, photos or witness statements. The more evidence you have to back your claim, the stronger your case will be.

A police report is the first document you need. The police officer who arrives at the accident scene will usually write a report. This report will provide important information about the accident and who was responsible.

If necessary, your attorney can use an investigation report to collect 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 must ask for a copy of the footage from the business.

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

You should also obtain the names of witnesses. They may be able to give valuable information, especially if are able to get them to give evidence in court. It is important to remember that witnesses could alter their story and forget details about the incident as time passes.

Intake and Investigation

If you have made a claim with an insurance firm or are beginning legal action against a negligent driver, the intake process is essential to receive the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will begin by examining your medical records, and obtaining copies of accident reports, as well as other evidence. They will also visit the site of the accident to take note of what they can.

This information will allow them to comprehend the severity of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. Then, they will review your financial losses to determine the value of your case. Damages could comprise not only your current and future medical costs but also income loss and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing any available evidence. They will also collect the driver at fault's driving and cell phone records to see what they were doing with their vehicle at the time of the collision. This is particularly important when there was a collision involving an Uber or Lyft vehicle, or any other indication that the driver was working around the clock.

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

Negotiating a Settlement

After you've obtained the medical documents then your lawyer will begin settlement negotiations. The insurance company will often make an initial offer that is much lower than the amount you requested in your letter. This is a method to see how strong your argument is. In the counteroffer, it is crucial to emphasize the most important arguments for your side - for instance, that the insured was fully at the fault and that you sustained severe injuries with significant medical expenses. Negotiating back and forth will eventually result in an equitable and reasonable amount.

A skilled accident lawyer can successfully argue your claim's merits, including presenting evidence to prove your losses. This could include photos of vehicle damage, police reports, and witness testimony. We have the ability to calculate the various components of your claim like lost income as well as pain and suffering, and police report.

If the insurance company refuses to pay an appropriate amount at the moment, we can make a claim. A trial typically lasts between one and two days, and is ruled on by either a judge or jury. If your case is settled prior to this stage, it can take several months. Your attorney may be capable of filing a motion for summary judgement. This involves asserting that all evidence is in your favor and arguing that it's impossible to allow the opposing side to prevail.

Filing a Lawsuit

In the majority of car accident cases parties can resolve their disputes without the need for court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company, or directly with the at-fault party. However, if there is no agreement our lawyers will initiate a lawsuit against the defendant. The Complaint will list your claims and allegations about the circumstances of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a specific amount of time to respond.

The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will ask questions to the defendant's lawyer about their perspective on the events, such as what damages you've suffered and the way they believe it occurred. We will also seek out expert opinions that will support our stance.

During the discovery process, your lawyer could submit legal documents known as motions to the court for a judge to decide on. This could mean asking the court to omit evidence or schedule a trial. It can take up an entire year for the discovery process to be completed and a trial date set. It's crucial to consult with an experienced Long Island auto accident lawsuits accident attorney as early as possible in the process.