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The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents can help you determine the strength of your case and the amount of settlement you could get. However it is only possible with all the relevant information.

The initial step in a car accident lawsuit is called discovery. In this phase, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

A large portion of the work that goes into a car accident investigation is gathering evidence. This can include evidence such as medical records, photos, or witness statements. The more evidence you can provide to support your claim the stronger your case will be.

The first piece of evidence you need is a law enforcement report. Typically, the police officer who comes to the scene of the accident will prepare the report, and it will contain important information about what happened and who was at fault for the incident.

Your attorney may also make use of the law enforcement report to gather additional evidence in the event of need. For example, if the incident took place in a commercial or office, an employee working at the area may have recorded video footage of the incident. If this is the case, you should request a copy from the business.

Document any expenses you incurred as a result 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 transport costs, and many more. Additionally, you must document any lost income because of your auto accident lawsuit. This could include old pay stubs as well as tax returns.

It is also advisable to get the names of witnesses. These people may be able to provide valuable information, especially if you are able to have them appear in court. It's important to remember that witnesses could alter their accounts and forget details about the incident over time.

Intake and Investigation

Whether you have filed an insurance claim with an company or are starting legal action against a negligent driver, the process of obtaining an intake is essential to obtaining the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will begin by looking over your medical records, obtaining copies 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 anticipated costs for your emotional and physical suffering. They will then review your existing and expected financial losses to estimate the value of your case. The damages you suffer could include not only future and ongoing medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any available evidence. They will also obtain the driver at fault's driving and phone records to determine what they were doing with their vehicle at the time of the accident. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was on the job, as this could affect their ability to pay your damages.

In addition your lawyer will also inquire about the defendant's past criminal and traffic-related offenses as part of the discovery process. In general, these information are not admissible in court, but they could be helpful to undermine the credibility of a defendant during cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you're able to begin settlement negotiation. Initially, the insurance company will make an offer that is often substantially lower than the amount you request in the letter. This is a way to assess the credibility of your argument. In the counteroffer, it is important to highlight the strongest arguments you have in your favor - for instance, that the insured was at fault and that you suffered serious injuries that resulted in the highest medical costs. Then, the back and forth negotiation should get you to an amount that is both fair and reasonable.

A skilled lawyer for accidents can successfully 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 also know how to calculate the value of various elements of your claim, like loss of income, suffering and pain.

If, at this point, the insurance company is still refusing to offer a fair amount, we have the option to start a lawsuit in the courtroom. A trial usually lasts up to two days and can be heard by an individual judge (called a bench trial) or by jurors. If your case is settled prior to reaching this stage it could take months. Your attorney might also be able to file a summary motion to enter judgment. This is where you present all the evidence to your advantage and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In a majority of car auto accident law Firms cases parties can settle their disputes outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party who is at fault. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint outlines your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant is served with the Complaint and given a set amount of time to respond.

During the discovery phase, our attorneys will share documents and other material with the defendant and ask questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you have suffered. We will also search for experts to back our claims.

During the discovery process your lawyer could make legal motions to the court for a judge to decide on. This could include requests for the court's decision to exclude certain evidence, or to set an appointment for trial. It could take a year or more to complete the process of discovery and to set the date of trial for your case. This is the reason it's essential to find a knowledgeable Long Island car auto accident attorneys attorney at the beginning of the process.