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The Intake Process for Car Accident Litigation
An experienced lawyer in litigation involving car accidents will be able to assist you determine the strength of your case and the amount of settlement you can receive. But it is only possible when you have all the information needed.
Discovery is the first step of an auto accident lawsuit accident case. During this phase, attorneys and their teams exchange documents and ask each other questions under oath.
Documentation
Documentation is a major aspect of the investigation in an auto accident attorneys accident. This could include evidence such medical records, photos or witness statements. Generally speaking, the more evidence you can provide to support your claim, the stronger your argument will be.
The first piece of documentation you need is a police report. The police officer who arrives at the scene of the accident will typically prepare a report. It will give valuable information regarding the accident as well as the person responsible for it.
If required your attorney has to use the police report to gather additional evidence. For instance, if the incident occurred at a company the employee who worked at that location may have recorded video footage of the incident. If that's the case, the tape should be requested from the business as soon as possible.
It is also important to document the expenses you incur as a result of the accident. This could include medical expenses as well as records of your treatment, medication receipts rental car costs for in-home assistance, care at home as well as transportation costs. Additionally, you must record any income loss as a result of your accident. You can utilize old tax returns and pay stubs.
You should also get the names of witnesses. They may be able provide valuable details, especially if can get them to be a witness in court. It is important to keep in mind that witnesses may change their accounts and forget details about the incident as time passes.
Intake and Investigation
The process of intake is vital in obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or are suing the party at fault. 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 visit and document the scene of the accident.
This will allow them to understand the extent of the harm you've suffered in relation to cost and projections for your physical or emotional suffering. Then, they will review your financial losses to estimate the value of your case. The damages you suffer could include not just future and present medical expenses, but also loss of income and property damage.
Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and reviewing any available evidence. They will also gather the driver who was at fault and their driving cell phone records to see how they used their vehicle at the time of the crash. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working, as this could impact their ability to pay for your damages.
As part of the process of discovery Your lawyer will inquire about the defendant's traffic and criminal record of offenses. These information is generally not admissible, but they could be used to undermine the defendant's credibility in cross-examination.
The process of negotiating a settlement
Once you have received the medical records, you're able to begin settlement negotiation. In the beginning, the insurance company will make an offer that's usually significantly lower than the amount you demand in the letter. This is a way to assess how strong your case is. In the counteroffer it is important to emphasize the strongest arguments in your favor, for example, that the insured was entirely at the fault and that you sustained serious injuries that resulted in high medical expenses. Negotiating back and forth will eventually lead to an equitable and reasonable amount.
An experienced accident lawyer can successfully argue for your claim's merits, including presenting proof to support your losses. This could include photos of the car's damage along with a police report as well as witness testimony. We also know how to determine the value of various components of your claim, including lost income and suffering and pain.
If at this point the insurance company still refuses to offer a reasonable amount, we can decide to file a lawsuit in court. A trial typically lasts between one and two days and is conducted by a judge or a jury. If your case settles prior to this stage it could take several months. Your attorney may be able to file a motion for summary judge. This is where you present all the evidence to your advantage and arguing that it's impossible for the opposing side to prevail.
Filing a Lawsuit
In the majority of car accident cases, the parties are able to resolve their disputes without going to court. Our team will help you negotiate with the insurance company of the other driver or directly with the party who is at fault. If an agreement cannot be reached our lawyers will bring an action against the defendant. The Complaint contains your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served the Complaint, and given a specified amount of time to answer.
The discovery stage is when our attorneys and the defendant will begin to exchange documents and other materials in exchange for questions through interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their view of the events, such as what damages you've suffered and the way they believe it took place. We will also solicit expert opinions that will support our stance.
During the discovery process your lawyer may file legal documents called motions to the court for a judge's ruling on. This could include asking the court to exclude evidence or set a trial date. It could take a year or more to complete the discovery process and determine the date of trial for your case. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible in the process.
An experienced lawyer in litigation involving car accidents will be able to assist you determine the strength of your case and the amount of settlement you can receive. But it is only possible when you have all the information needed.
Discovery is the first step of an auto accident lawsuit accident case. During this phase, attorneys and their teams exchange documents and ask each other questions under oath.
Documentation
Documentation is a major aspect of the investigation in an auto accident attorneys accident. This could include evidence such medical records, photos or witness statements. Generally speaking, the more evidence you can provide to support your claim, the stronger your argument will be.
The first piece of documentation you need is a police report. The police officer who arrives at the scene of the accident will typically prepare a report. It will give valuable information regarding the accident as well as the person responsible for it.
If required your attorney has to use the police report to gather additional evidence. For instance, if the incident occurred at a company the employee who worked at that location may have recorded video footage of the incident. If that's the case, the tape should be requested from the business as soon as possible.
It is also important to document the expenses you incur as a result of the accident. This could include medical expenses as well as records of your treatment, medication receipts rental car costs for in-home assistance, care at home as well as transportation costs. Additionally, you must record any income loss as a result of your accident. You can utilize old tax returns and pay stubs.
You should also get the names of witnesses. They may be able provide valuable details, especially if can get them to be a witness in court. It is important to keep in mind that witnesses may change their accounts and forget details about the incident as time passes.
Intake and Investigation
The process of intake is vital in obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or are suing the party at fault. 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 visit and document the scene of the accident.
This will allow them to understand the extent of the harm you've suffered in relation to cost and projections for your physical or emotional suffering. Then, they will review your financial losses to estimate the value of your case. The damages you suffer could include not just future and present medical expenses, but also loss of income and property damage.
Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and reviewing any available evidence. They will also gather the driver who was at fault and their driving cell phone records to see how they used their vehicle at the time of the crash. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working, as this could impact their ability to pay for your damages.
As part of the process of discovery Your lawyer will inquire about the defendant's traffic and criminal record of offenses. These information is generally not admissible, but they could be used to undermine the defendant's credibility in cross-examination.
The process of negotiating a settlement
Once you have received the medical records, you're able to begin settlement negotiation. In the beginning, the insurance company will make an offer that's usually significantly lower than the amount you demand in the letter. This is a way to assess how strong your case is. In the counteroffer it is important to emphasize the strongest arguments in your favor, for example, that the insured was entirely at the fault and that you sustained serious injuries that resulted in high medical expenses. Negotiating back and forth will eventually lead to an equitable and reasonable amount.
An experienced accident lawyer can successfully argue for your claim's merits, including presenting proof to support your losses. This could include photos of the car's damage along with a police report as well as witness testimony. We also know how to determine the value of various components of your claim, including lost income and suffering and pain.
If at this point the insurance company still refuses to offer a reasonable amount, we can decide to file a lawsuit in court. A trial typically lasts between one and two days and is conducted by a judge or a jury. If your case settles prior to this stage it could take several months. Your attorney may be able to file a motion for summary judge. This is where you present all the evidence to your advantage and arguing that it's impossible for the opposing side to prevail.
Filing a Lawsuit
In the majority of car accident cases, the parties are able to resolve their disputes without going to court. Our team will help you negotiate with the insurance company of the other driver or directly with the party who is at fault. If an agreement cannot be reached our lawyers will bring an action against the defendant. The Complaint contains your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served the Complaint, and given a specified amount of time to answer.
The discovery stage is when our attorneys and the defendant will begin to exchange documents and other materials in exchange for questions through interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their view of the events, such as what damages you've suffered and the way they believe it took place. We will also solicit expert opinions that will support our stance.
During the discovery process your lawyer may file legal documents called motions to the court for a judge's ruling on. This could include asking the court to exclude evidence or set a trial date. It could take a year or more to complete the discovery process and determine the date of trial for your case. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible in the process.
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