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The Intake Process for Car Accident Litigation

A lawyer that specializes in car accident litigation can help you determine the strength of your case is and how the settlement you receive could be worth. But it is only possible with all the information needed.

The initial step in a car crash lawsuit is called discovery. During this stage, attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

A lot of the work that goes into a car accident case is collecting evidence. This could include evidence such medical records, photos or witness statements. In general, the more evidence you have to support your claim the more convincing your claim will be.

The first document you should have is a law enforcement report. Typically the police officer that comes to the scene of the accident will prepare an investigation report. This will provide crucial information on how the accident occurred and who was responsible for the incident.

Your lawyer can also make use of the law enforcement report to pursue additional evidence in the event of need. For example, if the incident occurred at a company the employee who worked at that location might have recorded footage of the incident. If that’s the case, a copy of the tape must be requested from the company as soon as it is possible.

You should also document any expenses you incurred in the aftermath of the accident. This could include medical bills and records of your treatment, medication receipts rental car costs, in-home assistance or care as well as transportation costs. In addition, you should record any income loss because of your accident. This could include old pay stubs as well as tax returns.

If you can, get the names of witnesses to the accident as well. They might be able provide valuable information, especially if can get them to give evidence in court. It is important to remember that witnesses may alter their testimony over time and forget details of the incident.

Intake and Investigation

The process of intake is crucial in obtaining an adequate amount of compensation for your injuries sustained in an accident regardless of whether you’ve made an insurance claim or are suing the party at fault. Your lawyer will begin by looking over your medical records, as well as obtaining copies accident reports and other evidence. They will also go to and document the scene of the accident.

This 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 then analyze your financial losses to determine the total value of your case. The damages could comprise not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any available evidence. They will also obtain information about the driving habits and cell phones of the at-fault drivers to determine how they used their vehicle during the time. This is especially 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 impact their ability to pay your damages.

As part of the discovery process Your lawyer will ask about the defendant’s traffic and criminal offense records. Generally, these details are not admissible in court, but they can be useful to discredit the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After receiving the medical records, it is possible to begin settlement negotiations. In the beginning, the insurance company will offer an offer that’s usually much lower than what you request in the letter. This is a method to assess how strong your case. In the counteroffer, it’s important to highlight the strongest arguments in your favor, for example, that the insured was entirely at fault and that you suffered serious injuries that resulted in high medical costs. Negotiating back and forth should eventually lead to a fair and reasonable amount.

A skilled accident lawyer can effectively argue your claim’s merits, including presenting evidence to prove your losses. This could include photos of car damages, police reports and witness testimony. We can calculate various aspects of your claim, such as lost income as well as pain and suffering, and police reports.

At this point, if the insurance company is still refusing to offer a reasonable amount, we may choose to make a claim in court. A trial usually lasts between one and two days and is conducted by a judge or a jury. If your case settles prior to this phase, it can take several months. Your attorney may also be able to file a summary motion to enter judgment. This involves asserting all of the evidence in your favor and arguing that it’s impossible for the opposing side to win.


Filing a Lawsuit

In the majority of car crash cases, the parties are able to resolve their disagreement without the need for court. Our team will assist you in negotiating a settlement with the other driver’s insurance company or directly with the party at fault. If an agreement is not reached, our lawyers will bring an action against the defendant. The Complaint will outline your claims and details about the circumstances of the crash and why you deserve compensation. The defendant is served with the Complaint, and given a specific time frame to respond.

auto accident attorney burbank is when our attorneys and the defendant begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will pose questions to the lawyer for the defendant about their interpretation of the events, focusing on what injuries you have suffered and how they believe it occurred. We will also look for expert opinions to support our assertions.

During the process of discovery, your lawyer may submit legal documents known as motions to the court for a judge to rule on. This may include requesting the court to block evidence or set a trial date. It can take as long as a year for the discovery process to be completed and a trial date set. This is the reason it’s essential to partner with an experienced Long Island car accident attorney at the beginning of the process.