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The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can assist you in determining how strong your case is and also how the settlement might be worth. But, this is only possible with all the relevant information.

Discovery is the very first step of an auto accident lawsuit accident case. During this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

Documentation is a significant aspect of the investigation in an auto accident. This can include evidence like photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case will be.

A law enforcement report is the first document you need. Typically, the police officer who arrives at the scene of the accident will draft the report, and it will provide important information about how the crash occurred and who was at fault for the incident.

Your lawyer can also make use of the report of a law enforcement officer to pursue additional evidence if required. For instance, if an incident occurred in a business the employee who worked at that site might have recorded footage of the incident. If this is the case, a copy of the tape must be requested from the business as soon as is possible.

You should also document the costs you have incurred as a result of the accident. These could include medical bills, records of your treatment, medication receipts rental car expenses as well as in-home assistance or care transport costs, and many more. Also, you should document any income you lose due to your accident. You can utilize old tax returns and pay stubs.

You should also get the names of witnesses. They can be valuable sources of information for your case, especially when they can be a witness in a trial. However, it's important to remember that witnesses can alter their story over time and they may forget details about the accident.

Intake and Investigation

The intake process is critical to obtaining fair settlement for your accident-related injuries regardless of whether you've made an insurance claim or are suing the party at fault. Your attorney will begin by reviewing your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit the scene of the crash to document and observe what they can.

This information will assist them comprehend the severity of your injuries, both in terms of future and anticipated costs for your emotional and physical suffering. Then, they'll review your financial losses to estimate the value of your case. The damages you incur could include not just your current and future medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing the available evidence. They will also take information about the driving habits and cell phones of the at-fault drivers to determine how they operated their vehicle during the time. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was working while on the job, as this could negatively impact their ability to pay for your damages.

In addition your attorney may ask questions about the defendant's past criminal and traffic convictions as part of the discovery process. These details are typically not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you have received your medical records, you can start settlement negotiations. The insurance company is likely to make an initial offer that is smaller than the amount that you requested in your letter. This is a method to determine the credibility of your argument. In your counteroffer it is important to highlight the strongest points that you have to your advantage. For instance, you can say the insurer was responsible and that there were severe injuries as well as high medical costs. The process of negotiating back and forth should eventually lead to an equitable and reasonable amount.

An experienced accident lawyer can effectively argue the merits of your case, including presenting evidence supporting your losses. This could include photos of car damage, police reports and witness testimony. We also know how to calculate the value of different elements of your claim, like lost income and suffering and pain.

If at this point the insurance company continues to refuse to provide a reasonable amount, we can decide to make a claim in court. A trial typically lasts up to two days and is supervised by a judge (called a bench trial) or jurors. If your case settles before reaching this stage it could take months. Your attorney may also be able file a summary motion to enter judgment. This is where you present all the evidence in your favor and arguing that it's impossible for the other side to prevail.

Filing a Lawsuit

In a majority of cases involving car accidents parties can resolve their disputes outside of court. Our team will help you negotiate an agreement with the other driver's insurance company, or directly with the at-fault party. If an agreement cannot be reached our lawyers will initiate a lawsuit against the defendant. The Complaint will detail your claims and allegations about the cause of the crash and the reason you should be compensated. The defendant is served with the Complaint, ohanataxi.com and given a set amount of time to answer.

During the discovery phase, our attorneys will discuss documents and other material with the defendant, while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including what they believe happened, how they believe it happened and what injuries you've sustained. We will also search for experts to back our position.

During the discovery stage, your lawyer will submit legal documents, also known as motions to the court to be ruled on by the judge. This could include requests for the court to block certain evidence or to set the date for a trial. It can take up a 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 early during the process.