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The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can assist you in determining how strong your case is, and how the settlement may be worth. But this is only feasible with all the information needed.

The first step in a car crash lawsuit is called discovery. During this stage, attorneys and their teams will exchange documents and ask questions under an oath.

Documentation

Documentation is a significant component of an auto accident. This can include evidence like photographs, medical records, or witness statements. In general, the more evidence you can provide to support your claim the more convincing your case 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 crash will prepare an investigation report. This will provide important information about how the crash occurred and who was responsible for the incident.

Your attorney can also use a law enforcement report to pursue additional evidence if necessary. For example, if the incident occurred at a company, an employee at that area may have recorded footage of the incident. If this is the case, request a copy of the video from the company.

It is also important to document any expenses you incurred in the aftermath of the accident. This can include medical bills and records for your treatment, receipts from medication, rental car fees as well as in-home care or assistance as well as transportation costs and more. In addition, you should record any income loss as a result of your injury. This could include old pay stubs and tax returns.

You should also try to obtain the names of witnesses. They may be able provide valuable details, especially if are able to have them give evidence in court. It’s important to keep in mind that witnesses can alter their stories and forget details about the accident over time.

Intake and Investigation

The process of intake is crucial to getting fair settlement for your accident-related injuries regardless of whether you’ve submitted an insurance claim or are suing the at-fault party. Your lawyer will begin by reviewing your medical records, and obtaining copies of accident reports and other available evidence. They will also visit the site of the crash to take note of what they can.

This information will help them comprehend the severity of your injuries, both in terms of future and anticipated costs for your physical and emotional suffering. They will also review your existing and expected financial losses to determine the total value of your case. Damages could comprise not only your current and future medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing all available evidence. They will also take the driver at fault’s driving and phone records to determine how they used their vehicle at the time of the accident. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver was working on the clock.

In addition your lawyer will also inquire about the defendant’s previous criminal and traffic offense history in the discovery process. These details are generally not admissible in court, however they can be useful to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you’ve obtained the medical documents then your lawyer will begin settlement negotiations. The insurance company may make an initial offer that is much smaller than the amount that you demanded in your letter. This is a way to see how strong your case. When you counteroffer, it’s important to highlight the strongest arguments you have to your advantage. For auto accident attorneys fayetteville , you can say that the insurance company was responsible and that there were severe injuries as well as high medical costs. Negotiating back and forth should eventually lead to an equitable and reasonable amount.

A skilled lawyer for accidents can effectively argue for your claim’s merits, including presenting evidence to back your losses. This could include photos of the damage to your vehicle along with a police report as well as witness testimony. We can determine the various elements of your claim, including loss of income as well as pain and suffering, and police reports.

If the insurance company is unwilling to pay a reasonable amount at the moment, we can make a claim. A trial typically lasts between one and two days, and is heard either by a judge or a jury. If your case settles before reaching this stage it could take months. Your attorney might also be able file a summary motion for judgment. This involves arguing that all evidence is in your favor and arguing that it is impossible for the opposing side to win.


Filing an action

In the majority of car accident 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 driver responsible for the accident. If an agreement is not reached, our lawyers will file 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 will be served with the Complaint and given a certain time frame to respond to it.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you’ve suffered. We will also seek expert opinions that will support our stance.

During the discovery phase, your lawyer may make legal documents known as motions with the court for the decision of the judge. This could mean asking the court to exclude evidence or schedule a trial. It can take a whole year or more to complete the discovery process and establish a trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.