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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 strong your case is and also how the settlement might be worth. But it is only possible if you have all the relevant information.

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

Documentation

Documentation is a significant aspect of the investigation in the event of a car crash. This may include evidence such as photographs, medical records, or witness statements. Generally, the more documentation you have to back your claim, the stronger your argument will be.

The first document you should have is a law enforcement report. Typically the police officer who comes to the scene of the accident will write the report, and it will provide crucial information on how the crash occurred and who was responsible for the incident.

Your attorney can also use the report of a law enforcement officer to pursue additional evidence in the event of need. If the incident occurred in a place of business, for example employees may have recorded video footage. If this is the case, you should ask for a copy of the footage from the company.

Record any expenses you have incurred in the aftermath of the accident. Record any costs you incur due to. This could include medical bills or records of treatment, receipts from medications rental car expenses, in-home assistance or care transport costs, and many more. Additionally, you must note any income loss because of your injury. You can use old tax returns and pay stubs.

If you are able to, request the names of witnesses to the incident as well. These witnesses can be valuable sources of information for your case, particularly when they can be a witness in a trial. But, it’s important to keep in mind that witnesses are prone to altering their story over time and they may forget details about the accident.

Intake and Investigation

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


This information will allow them to determine the extent of your injuries in relation to current and projected future costs for your physical and emotional suffering. Then, they will look at your financial losses to estimate the value of your case. The damages you suffer could include not only future and current medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and reviewing any available evidence. They will also obtain the driving and cell phone records of the drivers at fault to determine if they were using their vehicle during the time. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, since this could negatively impact their ability to cover your damages.

Additionally the lawyer may ask questions about the defendant’s criminal and traffic-related offenses during the discovery process. Generally, these details are not admissible in court, but they can be useful to discredit the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have the medical records, your lawyer can begin negotiations to settle the matter. In the beginning, the insurance company will present an offer that’s usually significantly lower than the amount you have requested in the letter. This is a tactic to test how convincing your case. In the counteroffer, you must be crucial to emphasize the most important arguments in your favor, for example, the insured was at the fault, and that you suffered severe injuries with the highest medical costs. In the end, a lot of negotiations back and forth will result in an amount that is both reasonable and fair.

A skilled accident attorney can effectively argue the merits of your claim, by presenting evidence to prove your losses. This could include photos of the car damage as well as a police report and witness testimony. auto accident attorney kansas can calculate various aspects of your claim such as lost income or pain and suffering, as well as police reports.

If the insurance company refuses to pay an acceptable amount at the moment, we can start a lawsuit. A trial usually lasts between one and two days, and is heard either by either a judge or jury. If your case is settled prior to this stage it could take a few months. Your lawyer may also be able to file a summary motion for judgment. This means presenting all of the evidence in your favor and arguing that it’s impossible for the other side to win.

Filing a Lawsuit

In a majority of cases involving car accidents parties can resolve their disputes outside of court. Our team will help you negotiate an agreement with the insurance company, or directly with the at-fault party. If there is no agreement, our lawyers will bring an action against the defendant. The Complaint outlines your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served the Complaint, and given a specified amount of time to answer.

During the discovery phase, our lawyers will exchange documents and other materials with the defendant and ask questions through interrogatories and depositions. Our team will ask questions to the lawyer of the defendant regarding their interpretation of the events, including the injuries you’ve suffered and what they believe happened. occurred. We will also seek out expert opinions to support our claims.

During the discovery phase, your lawyer could file legal documents called motions to the court for a judge’s ruling on. This could include requests for the court to exclude certain evidence or to schedule an appointment for trial. It could take a year or more to complete the discovery process and establish the date of trial for your case. It is essential to speak with an experienced Long Island auto accident attorney as early as you can in the process.