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The Intake Process for Car Accident Litigation

A lawyer with expertise in the field of car accident litigation can help you determine how solid your case is and how the settlement might be worth. However it is only possible with all the necessary information.

Discovery is the very first step of an auto accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under swearing.


Documentation

Documentation is an integral component of the event of a car crash. This could include evidence such as photographs, medical records, or witness statements. The more evidence you have, the more convincing your case will be.

The first piece of evidence that you must have is a police report. Typically the police officer who arrives at the scene of the accident will prepare an investigation report. This will give important details about the circumstances of the crash and who was responsible for the incident.

Your lawyer may also utilize the law enforcement report to gather additional evidence if required. For example, if the incident occurred at a company where employees were present, the area may have recorded footage of the incident. If that’s the case, a copy of the tape should be requested from the business as quickly as it is possible.

Record any expenses you have incurred because of the accident. These could include medical bills and records for your treatment, receipts for medication rental car expenses, in-home care or assistance as well as transportation costs and more. In addition, you should keep track of any income loss as a result of your injury. This can include old pay slips and tax returns.

If you are able, obtain the names of witnesses to the incident as well. They might be able to provide valuable information, especially if you can get them to appear in court. However, it is important to keep in mind that witnesses can alter their accounts over time, and could forget specific details about the incident.

Intake and Investigation

The process of intake is crucial to obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you’ve filed a claim with an insurance company or you are suing the person at fault. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports and other available evidence. They will also visit and document the accident scene.

This information will enable them to determine the severity of injuries you have suffered in terms of current and projected costs for your emotional or physical suffering. Then, they will look at your current and future financial losses in order to determine the worth of your case. The damages you incur could include not only your present and future medical costs but also income loss and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing any evidence. They will also obtain data from the cell phone and driving records of the drivers who were at fault to determine how they used their vehicle during the time. This is especially important if there was a collision involving an Uber or Lyft car, or any other evidence that suggests the driver was working around the clock.

In addition, your attorney will likely inquire regarding the defendant’s prior criminal and traffic offense history as part of the discovery process. Generally speaking, these facts are not admissible in court, however they can be useful to undermine the credibility of a defendant during cross-examination.

The process of negotiating a settlement

After you’ve obtained the medical documents then your lawyer will begin negotiations on settlement. The insurance company will often make an initial offer that is much less than the amount you demanded in your letter. This is a method to assess the strength of your argument. In your counteroffer it is essential to highlight the most compelling arguments in your favor. For auto accident law firm buffalo , the insurer was responsible and that there were serious injuries as well as expensive medical expenses. In the end, a lot of bargaining back and forth will result in an amount that is reasonable and fair.

A skilled accident lawyer can successfully argue your claim’s merits, by presenting evidence to justify your losses. This could include photos of vehicle damage, police reports or witness testimony. We can calculate various elements of your claim like lost income along with pain and suffering as well as a police report.

If, at this point, the insurance company continues to refuse to offer a reasonable amount, we may choose to file a lawsuit in court. A trial usually lasts for about two or three days and can be heard by an individual judge (called a bench trial) or jurors. If your case settles prior to reaching this phase the process could take months. Your lawyer may also be able file a summary motion to dismiss. This means presenting all of the evidence to your advantage and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In the majority of cases involving car accidents the parties are able to settle their dispute out of court. Our team will work to assist you in negotiating an agreement with the insurance company of the other driver company or directly with the at-fault party. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The complaint contains your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a certain time frame to respond to it.

During the discovery phase, our lawyers will exchange documents and other materials with the defendant, while asking questions via interrogatories and depositions. Our team will inquire to the lawyer for the defendant about their interpretation of the events, focusing on what injuries you have suffered and what they believe happened. occurred. We will also seek out expert opinions that enforce our position.

During the process of discovery, your lawyer may make legal motions to the court for a judge to decide on. This could include asking the court to omit evidence or set a trial date. It can take a year or more to complete the discovery process and set a trial date for your case. It’s crucial to consult with an experienced Long Island auto accident attorney as early as you can in the process.