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The Intake Process for Car Accident Litigation

A lawyer that specializes in the field of car accident litigation can assist you in determining how strong your case is, and how the settlement might be worth. This is only possible when all the information you require is available.

Discovery is the first stage of a car auto accident legal case. During this stage attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

Documentation is a major part of the work in a car accident. This could include evidence such as photographs, medical records or witness statements. Generally speaking, the more evidence you have to support your claim, the more convincing your claim will be.

The first piece of documentation that you must have is a police report. The police officer who arrives at the scene of the accident will typically prepare a report. This report will provide important information about the Auto accident law and who was responsible.

If needed your lawyer has the option of using a police report to gather additional evidence. For instance, if an accident happened in a business or office, an employee working at the location might have recorded footage of the incident. If this is the case, you should seek a copy from the company.

You should also document any expenses you incurred due to the accident. This can include medical bills and records for your treatment, receipts for medications rental car expenses home care or assistance, transportation costs, and more. Additionally, you must record any income loss due to your injury. You can use tax returns and pay stubs.

If you can, get the names of witnesses to the incident as well. They could be valuable sources of information for your case, particularly when they can give evidence at trial. But, it's important to remember that witnesses can change their testimony over time and could forget specific details about the accident.

Intake and Investigation

The process of intake is crucial to getting fair compensation for your injuries from an accident, whether you have filed an insurance claim or are suing the at-fault party. Your attorney will begin by examining your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also go to and document the scene of the auto accident litigation.

This information will allow them to comprehend the extent of the harm you've suffered, both in terms cost and projections for your physical or emotional suffering. Then, they will review your current and future financial losses in order to determine the worth of your case. The damages could not be limited to just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and reviewing any available evidence. They will also collect the driving and cell phone records of the drivers who were at fault to determine if they were using their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other indicator that the driver was working while working, as this could impact their ability to cover your damages.

In addition the lawyer may inquire about the defendant's past criminal and traffic offense history in the discovery process. Generally speaking, these facts are not admissible in court, but they could be helpful to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After receiving the medical records, you can begin settlement negotiations. The insurance company may make an initial offer that is less than the amount you demanded in your letter. This is a way to test how convincing your case is. In your counteroffer, it is crucial to highlight the most powerful arguments you have in your favor. For instance, you can say the insurer was at fault and Auto Accident Attorney there were serious injuries and the medical costs were high. Negotiating back and forth could eventually lead to an acceptable and reasonable amount.

A skilled lawyer for accidents can effectively argue your claim's merits including presenting proof to support your losses. This may include photos of the damage to your vehicle, a police report and witness testimony. We know how to calculate various aspects of your claim, including lost income, pain and suffering and police reports.

If the insurance company is unwilling to pay a reasonable amount at this point, we can file a lawsuit. A trial usually lasts between one and two days. It is usually ruled by an individual judge (called a bench trial) or jurors. If your case settles prior to this phase it can take a few months. Alternatively, your attorney may be in a position to file a motion for summary judgment. This involves asserting all of the evidence in your favor and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of car accident cases, the parties are able to settle their dispute outside of court. Our team can help you negotiate with the insurance company of the other driver or directly with the driver who was at fault. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will include your assertions and allegations regarding the circumstances of the crash and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond.

During the discovery phase, our lawyers will discuss documents and other information with the defendant while asking questions through interrogatories and depositions. Our team will be asking questions to the lawyer for the defendant about their perspective on the events, auto accident attorney including what injuries you've suffered and how they believe it happened. We will also solicit expert opinions that will support our stance.

During the discovery phase, your lawyer may prepare legal documents referred to as motions with the court to be decided by a judge. This can include requests for the court to omit certain evidence or set an appointment for trial. It can take a year or more to complete the discovery process and determine a trial date for your case. It's crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point in the process.