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The Intake Process for Car auto accident lawyers Litigation
A lawyer who is experienced in the field of car accident litigation can help you determine the worth of your case and what settlement amount you might receive. This is only possible when all the information you require is available.
The initial step in a car accident lawsuit is known as discovery. In this stage, attorneys and their teams will exchange documents and ask questions under an oath.
Documentation
A lot of the work involved in a car wreck case is collecting evidence. This can include evidence like photos, medical records or witness statements. Generally speaking, the more evidence you have to support your claim the stronger your argument will be.
A police report is the first piece of paper you should have. Typically the police officer that arrives at the scene of the accident will write a report, and this will give important details about how the accident occurred and who was responsible for the incident.
Your lawyer may also utilize the law enforcement report to seek additional evidence if required. For instance, if the incident occurred in a business where employees were present, the area may have recorded video footage of the incident. If this is the situation, a copy of the tape must be requested from the company as soon as it is possible.
It is also important to document any expenses you incurred as a result of the accident. This can include medical bills, records of your treatment, receipts from medication rental car fees, in-home assistance or care as well as transportation costs. Additionally, you must note any income loss as a result of your injury. This could include old pay stubs, as well as tax returns.
It is also advisable to find the names of witnesses. These people may be able to give valuable information, especially if you are able to get them to be a witness in court. It is important to keep in mind that witnesses may change their stories and forget details about the incident over time.
Intake and Investigation
If you have filed a claim with an insurance company or have started legal action against a negligent driver, the intake process is essential to receive the fair and complete compensation you deserve for the accident injuries. Your attorney will begin by examining your medical records, and obtaining copies accident reports and other evidence. They will also visit the scene of the crash to take note of what they can.
This information will allow them to comprehend the extent of injuries you have suffered, both in terms actual and projected costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. The damages could include not only your present and future medical costs, but also lost income and property damage.
Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and reviewing any available evidence. They will also collect information about the driving habits and cell phones of the driver at fault in order to determine how they operated their vehicle during the time. This is especially important in the event that there was a collision with an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the clock.
Additionally your attorney may inquire regarding the defendant's prior criminal and traffic-related offenses as part of the discovery process. These details are typically not admissible, however they can be used to undermine the defendant's credibility during cross-examination.
Negotiating a Settlement
Once you have the medical records then your lawyer will begin settlement negotiations. Initially the insurance company will offer an offer that is often significantly lower than the amount you demand in the letter. This is a strategy to see how strong your case is. In the counteroffer, it is important to emphasize the strongest arguments for your side - for example, the insured was completely at fault and that you suffered serious injuries that resulted in the highest medical costs. In the end, bargaining back and forth will result in an amount that is both fair and reasonable.
A skilled accident lawyer can effectively argue your claim's merits, including presenting proof to support your losses. This could include photos of car damages, police reports and witness testimony. We also know how to determine the value of each element of your claim, like lost income and suffering and pain.
If the insurance company is unwilling to pay an appropriate amount at this point, we can bring a lawsuit. A trial usually lasts for up to two days and is usually ruled by an individual judge (called a bench trial) or a jury. If your case is settled prior to reaching this phase the process could last months. Or, your lawyer may be capable of filing an application for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the other side to prevail.
Filing an action
In the majority of car accident cases, the parties can settle their disputes without going to court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint will detail your assertions and allegations regarding how the crash occurred and why you deserve compensation. The defendant is served with the Complaint, and given a set time frame to respond.
The discovery phase is where our attorneys and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will inquire to the defendant's lawyer about their view of the events, focusing on what injuries you have suffered and what they believe happened. took place. We will also look for expert opinions to support our position.
During the discovery process, your lawyer can file legal documents called motions to the court to a judge's decision on. This could include asking the judge to exclude evidence or to schedule a trial. It could take up to one year for the discovery process to be completed and a trial date established. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible during the process.