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The Intake Process for Car Accident Litigation

A lawyer that specializes in the field of car accident litigation can help you determine how strong your case is and how much your settlement could be worth. However this is only feasible when you have all the information needed.

Discovery is the first stage of an auto accident attorney auto accident settlement case. In this phase, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

The majority of the work involved in a car accident case is obtaining documentation. This could be evidence like photos, medical records or witness statements. In general, the more evidence you have to back your claim, the more convincing your case will be.

A police report is the first document you need. The police officer who arrives at the scene will usually prepare a report. This will provide valuable details about the accident and who was responsible for it.

Your lawyer may also utilize the report of a law enforcement officer to pursue additional evidence if necessary. If the accident happened in the business environment for instance an employee could have recorded video footage. If this is the case, request a copy from the company.

Record any expenses you have incurred in the aftermath of the accident. Document any expenses you incurred due to. This can include medical bills and records of your treatment, receipts for medications rental car charges and in-home assistance or care as well as transportation costs and more. In addition, you should document any lost income because of your auto accident attorneys. This can include old pay stubs as well as tax returns.

It is also advisable to obtain the names of witnesses. These people can serve as important sources of information in your case, especially when they can give evidence at trial. It is important to keep in mind that witnesses could alter their accounts and forget details about the incident as time passes.

Intake and Investigation

If you have filed a claim with an insurance company or are preparing a lawsuit against an at-fault driver, the initial intake process is essential for obtaining the full and fair amount of compensation for your crash injuries. Your lawyer will begin by looking over your medical records, obtaining copies of accident reports and other evidence. They will also go to and document the scene of the accident.

This will help them know the extent of your injuries, both in terms of future and current costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. Your damages may include not only future and current medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing all available evidence. They will also collect data from the cell phone and driving records of the drivers who were at fault 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 working while at work, as this could affect the ability of them to pay damages.

In addition your attorney may ask questions about the defendant's previous criminal and traffic-related offenses as part of the discovery process. Generally, these details are not admissible in court but they can be useful to impeach the defendant's credibility in cross-examination.

The process of negotiating a settlement

After receiving the medical records, you're able to start settlement negotiations. The insurance company is likely to make an initial offer that is smaller than the amount that you demanded in your letter. This is an opportunity to test the credibility of your argument. When you counteroffer, it's important to highlight the strongest arguments to your advantage. For instance, if you claim the insurer was at fault and that there were serious injuries as well as significant medical expenses. Negotiating back and forth should eventually result in a fair and reasonable amount.

An experienced accident lawyer can effectively argue your claim's merits, including presenting proof to support your losses. This could include photos of vehicle damage, police reports, and witness testimony. We are able to calculate various aspects of your claim, such as lost income along with pain and suffering as well as a police report.

If, at this point, the insurance company is still refusing to offer a fair amount, we can choose to start a lawsuit in the courtroom. A trial typically lasts between one and two days. It can be heard by an individual judge (called a bench trial) or a jury. If your case is settled before this point it could take a few months. Your attorney might also be able to file a summary judgment motion. This means presenting all of the evidence to your advantage and auto accident attorney arguing that it's impossible for the opposing side to prevail.

Filing a Lawsuit

In a majority of car accident cases the parties can settle their dispute out of court. Our team will help you negotiate an agreement with the insurance company or directly with the person at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your claims and details about how the auto accident attorneys occurred and the reasons you are entitled to compensation. The defendant is served the Complaint, and given a specified amount of time to answer.

During the discovery phase, our lawyers will discuss documents and other materials with the defendant while asking questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, such as what they believe happened, how they believe it occurred and what injuries you've suffered. We will also seek expert opinions to support our assertions.

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 may include requests for the court to exclude certain evidence or set the date for a trial. It can take as long as one year for the discovery process to be completed and a trial date scheduled. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible in the process.