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The Intake Process for Car Accident Litigation

A lawyer who is specialized in litigation involving car accidents can help you determine the strength of your case is, and how the settlement you receive could be worth. This is only possible when all the information you need is available.

Discovery is the first step of a car auto accident attorney case. During this phase attorneys and their teams will discuss documents and answer questions under an oath.

Documentation

Documentation is a major component of the event of a car crash. This could include evidence such as photographs, medical records or witness statements. Generally, the more documentation you have to support your claim the stronger your claim will be.

The first piece of evidence that you must have is a report from the police. Typically the police officer who arrives at the scene of the accident will prepare the report, and it will provide crucial information on how the crash occurred and who was responsible for the incident.

If required, your attorney can use the police report to gather additional evidence. If the accident happened in the workplace, for example an employee might have recorded video footage. If this is the case, the tape should be requested from the business as quickly as possible.

Record any expenses you have incurred as a result of the accident. Document all expenses you have incurred as a result of. These could include medical bills and records of your treatment, receipts for medications rental car costs home care or assistance as well as transportation costs and more. Also, you should document the loss of income due to your accident. This can include old pay slips and tax returns.

You should also try to get the names of witnesses. These people may be able to provide important information, especially if are able to get them to appear in court. It's important to keep in mind that witnesses may alter their story and forget details about the incident over time.

Intake and Investigation

If you've made a claim with an insurance company or have started an action against the at-fault driver, the process of obtaining an intake is essential to obtaining an adequate and fair settlement for your injuries from a crash. Your lawyer will begin by reviewing your medical treatment documents, as well as copies of accident reports and other evidence. They will also visit the site of the accident to take note of what they can.

This information will assist them comprehend the severity of your injuries as well as the current and projected future costs for your emotional and physical suffering. Then, they will look at your current and future financial losses in order to determine the worth of your case. The damages you suffer could include not only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing all available evidence. They will also take data from the cell phone and Auto Accident Law Firm driving records of the driver at fault in order to determine how they used their vehicle at that time. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was at work, as this could impact their ability to pay for your damages.

In addition, your attorney will likely inquire regarding the defendant's prior criminal and traffic convictions during the discovery process. In general, these information are not admissible in court but they could be helpful to undermine the credibility of a defendant in cross-examination.

Negotiating a Settlement

After you have obtained the medical records after which your lawyer can start negotiations on settlement. The insurance company will often make an initial offer that is much lower than the amount you requested in your letter. This is an opportunity to test the strength of your case. When you counteroffer, it's crucial to emphasize the most important points you have to your advantage. For instance, if you claim that the insurer was responsible and that there were severe injuries and expensive medical expenses. In the end, negotiations back and forth will lead to an amount that is both reasonable and fair.

An experienced accident lawyer can effectively argue the benefits of your claim, including presenting evidence supporting your losses. This could include photographs of the car damage, a police report and witness testimony. We also know how to determine the value of various elements of your claim, including loss of income, suffering and pain.

If the insurance company is unwilling to pay an appropriate amount at the moment, we can start a lawsuit. A trial typically lasts between one and two days and is judged by jurors or a judge. If your case settles before reaching this phase the process could last months. Or, your lawyer may be in a position to file a motion for summary judge. This involves arguing that all evidence is in your favour, and arguing that it's impossible for the opposing side to prevail.

Filing a Lawsuit

In a majority of car accident cases parties are able to settle their disputes outside of court. Our team can help you negotiate with the insurance company of the other driver or directly with the driver at fault. If no agreement is reached, our lawyers will file a suit against the defendant. The Complaint will include your claims and details about the cause of the crash and the reason you should be compensated. The defendant will be served the Complaint and given a certain amount of time to respond.

The discovery stage is when our lawyers and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their view of the events, including the injuries you've sustained and the way they believe it occurred. We will also seek expert opinions to support our claims.

During the discovery phase, your lawyer can submit legal documents, also known as motions to the court for a judge to decide on. This can include requests for the court to block certain evidence or to schedule the date for a trial. It could take a year or more to complete the discovery process and establish an appointment date for your case. It's crucial to consult with an experienced Long Island auto accident attorneys accident law firm (Sung 119 writes) accident attorney as early as possible during the process.