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The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car auto accident case litigation will help you determine how solid your case is and also how the settlement may be worth. This is only possible if all the information you require is available.

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

Documentation

Documentation is a large component of an accident. This can include evidence like photos, medical records, or witness statements. The more documentation that you have the better your case will be.

The first piece of documentation that you must have is a report from the police. The police officer who arrives at the scene will usually prepare a report. It will give valuable details about the incident and who was responsible for it.

Your attorney can also use the law enforcement report to seek additional evidence, if needed. For instance, if an accident happened in a business the employee who worked at that site might have recorded footage of the incident. If that's the case, a copy of the tape must be requested from the business as quickly as is possible.

Note any costs you have incurred in the aftermath of the auto accident case. Record any costs you incur due to. This could include medical bills as well as records of your treatment, medication receipts rental car fees as well as in-home assistance or care, transportation costs and more. You should also document any income lost due to your injury. This can include old pay slips and tax returns.

If you are able to, request the names of witnesses to the incident as well. These witnesses can be important sources of information in your case, especially in the event that they are able to be a witness in a trial. It's important to keep in mind that witnesses could alter their narratives and forget specifics about the accident over time.

Intake and Investigation

The process of intake is vital to receiving an adequate amount of compensation for your injuries sustained in an auto accident lawyer regardless of whether you've filed a claim with an insurance company or are suing the party at fault. Your attorney will start by reviewing your medical records, obtaining copies of auto accident lawyer reports, and other evidence. They will also go to and document the scene of the accident.

This information will assist them know the extent of your injuries in relation to future and current costs for your emotional and physical suffering. They will then look over your financial losses to estimate the value of your case. Damages could comprise not only your current and future medical costs as well as lost income and auto Accident claim property damage.

Your lawyer will also investigate and interview witnesses and analyzing the available evidence. They will also take the driver at fault's driving records and cell phone records to see the way they used their vehicle at the time of the crash. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was working while at work, as it could affect their ability to pay for your damages.

In addition the lawyer may ask questions regarding the defendant's prior criminal and traffic-related offenses in the discovery process. These details are typically not admissible but could be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records, you are able to begin negotiations for settlement. The insurance company is likely to make an initial offer that is much lower than the amount you requested in your letter. This is an opportunity to assess the strength of your case. In your counteroffer it is crucial to highlight the most powerful arguments you have to your advantage. For instance, you can say the insurer was at fault and that there were severe injuries as well as significant medical expenses. Negotiating back and forth will eventually result in an equitable and reasonable amount.

A skilled auto accident claim (stay with me) attorney can effectively argue the merits of your claim, including presenting evidence that supports your losses. This could include photos of vehicle damage, police reports or witness testimony. We know how to determine the various elements of your claim, such as loss of income as well as pain and suffering, and police reports.

If the insurance company refuses to pay an acceptable amount at this point, we could bring a lawsuit. A trial usually lasts between one and two days and is ruled on by jurors or a judge. If your case settles prior to reaching this stage it could take months. Alternatively, your attorney may be able to file a motion for summary judgment. This means claiming that all evidence is in your favor and arguing it's impossible for the opponent to prevail.

Filing a Lawsuit

In the majority of car crash cases, the parties are able to settle their disputes without the need for court. Our team will work to help you negotiate an agreement with the other driver's insurance company, or directly with the person at fault. However, if an agreement cannot be reached the lawyers of our firm will initiate a lawsuit against the defendant. The Complaint contains your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond to it.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their view of the events, including what injuries you have suffered and the way they believe it took place. We will also seek expert opinions to support our position.

During the process of discovery, your lawyer can submit legal documents, also known as motions to the court for a judge to decide on. This could mean asking the court to omit evidence or to schedule a trial. It can take up to an entire year for the discovery process to be completed and a trial date scheduled. This is why it's important to partner with an experienced Long Island car accident attorney at the beginning of the process.