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The Intake Process for Car Accident Litigation

A lawyer who specializes in the field of car accident litigation can help you determine how solid your case is as well as how the settlement might be worth. However it is only possible if you have all the necessary information.

Discovery is the first step of a car accident case. In this phase, attorneys and their teams will exchange documents and ask questions under the oath.

Documentation

Documentation is an integral aspect of the investigation in an accident. This can include evidence such as photographs, medical records or witness statements. The more documentation that you have, the better your case will be.

The first piece of documentation that you must have is a report from the police. Typically the police officer that arrives at the scene of the accident will write a report, and this will provide important information about how the accident occurred and who was responsible for the incident.

Your lawyer may also utilize the report of a law enforcement officer to seek additional evidence if necessary. If the incident occurred in an office, for example an employee could have recorded video footage. If this is the case, the tape must be requested from the business as quickly as it is possible.

Document any expenses you incurred in the aftermath of the accident. This can include medical bills and records for your treatment, receipts for medication, rental car fees as well as in-home care or assistance transport costs, and much more. Additionally, you must keep track of any income loss due to your accident. You can use your old tax returns and pay stubs.

If you are able to, request the names of witnesses to the incident as well. They could be important sources of information in your case, especially those who are able to be a witness in a trial. But, it’s important to remember that witnesses may alter their story over time and forget details of the incident.

Intake and Investigation

The process of intake is vital to getting an adequate amount of compensation for your injuries from an accident, whether you have submitted an insurance claim or are suing the party at fault. Your lawyer will begin by reviewing your medical documents, and then obtaining copies accident reports and other evidence. They will also go to and document the scene of the accident.

This information will allow them to assess the severity of the injuries you’ve sustained, both in terms current and projected costs for your emotional or physical suffering. They will then review your current and future financial losses to determine the worth of your case. The damages could include not just future and present medical expenses, but also loss of income as well as property damage.


Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any available evidence. They will also gather the driver at fault’s driving records and cell phone records to see the way they used their vehicle at the time of the collision. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while working, as this could affect their ability to pay for your damages.

In addition your attorney may inquire regarding the defendant’s prior criminal and traffic-related offenses during the discovery process. These details are typically not admissible, however they can be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have the medical records then your lawyer will begin negotiations to settle the matter. Initially, the insurance company will offer an offer which is usually much lower than what you request in the letter. This is a method to determine the strength of your case. In the counteroffer, it’s important to highlight the strongest arguments for your side – for instance, that the insured was completely at fault and that you suffered severe injuries with high medical expenses. Then, back and forth bargaining should get you to an amount that is reasonable and fair.

A skilled attorney for accidents will effectively argue the merits of your claim, including presenting evidence supporting your losses. This could include photographs of the car’s damage or a police report, as well as witness testimony. auto accident law firm idaho know how to determine the value of various elements of your claim, like lost income and suffering and pain.

If the insurance company refuses to pay an appropriate amount at the moment, we can make a claim. A trial usually lasts between one and two days and is conducted by an attorney or a jury. If your case settles prior to reaching this stage the process could last months. Your attorney might also be able file a summary judgment motion. This means claiming 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 without the need for court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party who was at fault. If an agreement cannot be reached Our lawyers will start a lawsuit against the defendant. The Complaint will include your claims and details about how the crash occurred and why you are entitled to compensation. The defendant will be served the Complaint and given a specified timeframe to respond.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask the defendant’s attorney questions regarding their perspective on events, including what they believe happened, how they believe it happened and what injuries you’ve suffered. We will also look for experts to back our assertions.

During the discovery process your lawyer can make legal motions to the court for a judge’s ruling on. This can include requests for the court to block certain evidence or set an appointment for trial. It can take up to a year for the discovery process to be completed and a trial date set. It is crucial to talk with an experienced Long Island auto accident attorney as early as you can during the process.