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The Intake Process for Car Accident Litigation

A lawyer with expertise in litigation involving car accidents can help you determine how strong your case is, and how the settlement might be worth. This is only possible when all the information you need is available.

Discovery is the first stage of a car accident case. In this stage, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

Documentation is a significant component of the event of a car crash. This could include evidence like photographs, medical records or witness statements. The more documentation that you have, the more convincing your case will be.

The first piece of documentation you need is a report from the police. The police officer who arrives at the scene will typically prepare a report. It will give valuable information about the accident and the person responsible for it.

Your attorney can also use the law enforcement report to seek additional evidence if required. For instance, if an incident occurred in a business, an employee at that site might have recorded footage of the incident. If this is the case, seek a copy from the company.

Keep track of any expenses you incur because of the accident. Record any costs you incur due to. These could include medical bills and records for your treatment, receipts for medication rental car expenses and in-home assistance or care, transportation costs, and much more. Additionally, you must keep track of any income loss due to your accident. This can include old pay slips and tax returns.

If you are able, obtain the names of any witnesses to the incident as well. They may be able to give valuable details, especially if are able to get them to testify in court. It’s important to remember that witnesses can alter their story and forget details about the accident over time.

Intake and Investigation

The intake process is essential to obtaining fair settlement for your accident-related injuries, whether you have filed a claim with an insurance company or are suing the at-fault party. Your lawyer will begin by looking over your medical records, as well as obtaining copies of accident reports and other evidence. They will also go to and document the scene of the accident.

This information will allow them to comprehend the severity of your injuries, both in terms of future and anticipated costs for your physical and emotional suffering. They will then review your existing and expected financial losses to determine the value of your case. Your damages can include not just your current and future medical expenses but also income loss and property damage.


Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also take driving and cell phone records of the driver at fault in order to see how they used their vehicle at that time. This is particularly important if there was a collision with an Uber or Lyft car or any other evidence that suggests the driver worked while on the clock.

Additionally the lawyer may ask questions about the defendant’s previous criminal and traffic offence history in the discovery process. These details are generally not admissible in court, however they could be helpful to impeach the defendant’s credibility during cross examination.

The process of negotiating a settlement

Once you have the medical records, you can begin negotiations for settlement. Initially, the insurance company may make an offer which is usually considerably lower than what you requested in your letter. This is a method to assess the strength of your case. In your counteroffer it is crucial to emphasize the most important arguments you have to your advantage. For instance, you can say that the insurance company was at fault and that there were serious injuries and significant medical expenses. Negotiating back and forth should eventually result in a fair and reasonable amount.

A skilled attorney for accidents can effectively argue the merits of your claim, by presenting evidence to prove your losses. This may include photos of the damage to your car as well as a police report and witness testimony. We are able to calculate various aspects of your claim such as lost income, pain and suffering and police report.

If at this point the insurance company still refuses to offer a fair amount, we can decide to make a claim in court. A trial usually lasts up to two days and is supervised by an individual judge (called a bench trial) or jurors. If your case is settled before reaching this phase the process could take months. Alternatively, your attorney may be eligible to file a motion for summary judgement. This involves asserting that all evidence is in your favor, and arguing that it’s impossible for the opponent to win.

Filing a Lawsuit

In the majority of car crash cases, the parties are able to settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the party who is at fault. If a settlement isn’t reached, our lawyers will file a suit against the defendant. The Complaint outlines your claims and allegations regarding the incident and why you are entitled to compensation. The defendant is served the Complaint, and given a specific amount of time to respond.

The discovery stage is when our lawyers and the defendant begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will pose questions to the lawyer of the defendant regarding their view of the events, such as what damages you’ve suffered and what they believe happened. occurred. auto accident lawsuit mobile will also seek experts to back our claims.

During the discovery phase, your lawyer may make legal documents known as motions with the court to be ruled on by an individual judge. These could include requests to the court to exclude certain evidence or to schedule a trial date. It could take a full year or more to complete the process of discovery and to set a trial date for your case. This is why it’s vital to consult with a seasoned Long Island car accident attorney early on in the process.