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The Intake Process for Car Accident Litigation

A lawyer who is experienced in the field of car accident litigation can help you determine the worth of your case and the amount of settlement you could receive. This is only possible when all the information you need is available.

Discovery is the first step of a car accident case. During this stage attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

Documentation is an integral aspect of the investigation in an auto accident. This could include evidence like medical records, attorneys photos, 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 should have. The police officer who arrives at the scene will typically prepare a report. It will provide important information about the accident and who was responsible for attorneys it.

If required your attorney has to use a police report to gather additional evidence. For instance, if the accident happened in a business the employee who worked at that site might have recorded footage of the incident. If this is the case, ask for a copy of the footage from the business.

Keep track of any expenses you incur in the aftermath of the accident. These could include medical bills and records of your treatment, receipts for medicines rental car costs as well as in-home care or assistance as well as transportation costs and more. In addition, you should record any income loss as a result of your accident. You can use your old tax returns and pay stubs.

If you can, get the names of any witnesses to the incident as well. They might be able provide valuable information, especially if can get them to appear in court. It is important to keep in mind that witnesses may change their stories and forget details about the incident as time passes.

Intake and Investigation

If you have made a claim with an insurance company or are preparing legal action against a negligent driver, the intake process is essential to receive an adequate and fair settlement for your injuries from a crash. Your attorney will begin by examining your medical records and then obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

This information will allow them to comprehend the extent of the injuries you've suffered in relation to actual and projected costs for your emotional or physical suffering. Then, they will look at your financial losses to determine the value of your case. Your damages may include not just future and present medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing all available evidence. They will also gather driving and cell phone records of the drivers who were at fault to determine how they operated their vehicle at that time. This is particularly important when there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was working on the clock.

Additionally your lawyer will also ask questions regarding the defendant's prior criminal and traffic offence history during the discovery process. These details are generally not admissible in court but they can be useful to undermine the credibility of a defendant during cross examination.

The process of negotiating a settlement

After receiving the medical records, you can begin settlement negotiations. In the beginning, the insurance company may make an offer that's usually considerably lower than what you demand in the letter. This is a tactic to see how strong your case. In your counteroffer, it is crucial to highlight the most powerful points that you have to your advantage. For instance, you could argue the insurer was in the wrong and that there were serious injuries and high medical costs. Then, back and forth bargaining will result in an amount that is both reasonable and fair.

A skilled attorney for auto accidents can successfully argue the merits of your claim, by presenting evidence to prove your losses. This may include photos of the damage to your vehicle along with a police report as well as witness testimony. We know how to calculate various elements of your claim such as loss of income along with pain and suffering as well as a police report.

If at this point the insurance company refuses to offer a fair amount, we can choose to make a claim in court. A trial usually lasts between one and two days. It is either heard by an individual judge (called a bench trial) or jurors. If your case settles before this point it can take a few months. Or, your lawyer may be in a position to file a motion for summary judge. This means claiming that all evidence is in your favour, and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident instances, parties can resolve their disputes without the need for court. Our team will work to assist you in negotiating an agreement with the other driver's insurance company or directly with the at-fault party. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint will outline your claims and allegations about the cause of the crash and why you are entitled to compensation. The defendant will be served the Complaint and given a specific timeframe to respond.

The discovery phase is when our attorneys and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, focusing on how they believe the crash took place and what injuries you've suffered. We will also seek expert opinions that will support our stance.

During the discovery stage, your lawyer will make legal documents known as motions in court to be decided by an individual judge. This could include asking the court to block evidence or schedule a trial. It could take a year or more to complete the discovery process and determine the date of trial for your case. This is why it's important to partner with an experienced Long Island car accident attorney early in the process.