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The Intake Process for Car Accident Litigation

An experienced lawyer in litigation involving car accidents will be able to help you determine the strength of your case and what settlement amount you might get. This is only possible if all the information you need is available.

The first step in a car crash lawsuit is known as discovery. In this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

Documentation is an integral part of the work in an auto accident law firm accident law firms - mouse click the next web page, accident. This may include evidence like photographs, medical records or witness statements. The more documentation that you have the better your case will be.

A police report is the primary document you should have. Typically the police officer who arrives at the scene of the crash will prepare a report, and this will provide important information about the circumstances of the crash and who was at fault for the incident.

If required your attorney has to use a police report to gather additional evidence. If the incident occurred at an office for instance employees may have recorded video footage. If this is the case a copy of the tape should be requested from the business as soon as possible.

You should also keep track of the expenses you incur in the aftermath of the accident. This could include medical expenses, records of your treatment, receipts from medications rental car costs and in-home care or assistance transport costs, and many more. You should also document any income you lose due to your injury. You can use your old tax returns and pay stubs.

You should also try to get the names of witnesses. They could be valuable sources of information for your case, particularly those who are able to be a witness in a trial. It's important to keep in mind that witnesses may change their accounts and forget details about the accident over time.

Intake and Investigation

If you have made an insurance claim with an firm or are beginning an action against the at-fault driver, the initial intake process is essential to receive an adequate and fair settlement for the accident injuries. Your lawyer will begin by reviewing your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the crash to document and observe what they can.

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

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any available evidence. They will also collect driving and cell phone records of the at-fault drivers to determine how they used their vehicle at that time. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was on the job, as this could impact their ability to pay for your damages.

As part of the discovery procedure Your lawyer will ask about the defendant's criminal and traffic offense records. Generally speaking, these facts are not admissible in court but they could be helpful to discredit the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have the medical records then your lawyer will begin negotiations on settlement. The insurance company is likely to make an initial offer that is much less than what you requested in your letter. This is a method to assess the credibility of your argument. In your counteroffer it is crucial to highlight the most powerful arguments you have to your advantage. For example, that the insurer was at fault and that there were serious injuries as well as the medical costs were high. Eventually, negotiations back and forth should get you to an amount that is fair and reasonable.

An experienced accident lawyer can successfully argue your claim's merits including presenting proof to support your losses. This may include photos of the damage to your car, a police report and witness testimony. We also know how to determine the value of each element of your claim, such as lost income and pain and suffering.

If the insurance company refuses to pay an appropriate amount at this point, we may file a lawsuit. A trial typically lasts between one and two days, and is conducted by either a judge or jury. If your case is settled prior to reaching this phase, the process can take months. In addition, your attorney might be able to file a motion for summary judge. This involves arguing that all evidence is in your favor, and arguing that it's impossible to allow the other side to win.

Filing an action

In the majority of cases involving car accidents parties are able to settle their dispute out of court. Our team will work to assist you in negotiating a settlement with the insurance company, or directly with the at-fault party. If an agreement cannot be reached 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 amount of time to respond.

During the discovery phase, our lawyers will discuss documents and other material with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions about their version of the events, such as the circumstances under which they believe the crash happened and what injuries you've suffered. We will also request expert opinions that will support our stance.

During the discovery stage, your lawyer will submit legal documents, also known as motions to the court to be ruled on by a judge. This could mean asking the court to omit evidence or to schedule a trial. It can take up an entire year for the discovery process to be completed and a trial date established. This is why it's crucial to partner with an experienced Long Island car accident attorney early on in the process.
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