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The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to assist you determine the potential strength of your case and the amount of settlement you could get. But this is only possible with all the information needed.

The first step in a car accident lawsuit is called discovery. In this stage, attorneys and their teams will communicate with each other and ask questions under an oath.

Documentation


A large portion of the work involved in a car crash case is obtaining documentation. This could include evidence such photographs, medical records or witness statements. The more documentation that you have, the better your case will be.

A police report is the very first document you should have. Typically the police officer that comes to the scene of the crash will prepare the report, and it will provide important information about the circumstances of the crash and who was at fault for the incident.

If needed your attorney has to use an investigation report to collect additional evidence. If the accident occurred in an office for instance an employee could have recorded video footage. If this is the case, a copy of the tape must be requested from the company as soon as possible.

You should also document the costs you have incurred due to the accident. These could include medical bills or records of treatment, receipts from medications rental car expenses as well as in-home assistance or care as well as transportation costs. You should also document any income lost due to your accident. You can use your old tax returns and pay stubs.

If you are able, obtain the names of witnesses to the incident as well. These people may be able to provide important information, especially if you are able to have them appear in court. However, it’s important to keep in mind that witnesses may alter their accounts over time, and they may forget details about the incident.

Intake and Investigation

If you have made a claim with an insurance firm or are beginning an action against the at-fault driver, the process of obtaining an intake is essential for obtaining the full and fair amount of compensation for your injuries from a crash. Your attorney will begin by examining your medical records, obtaining copies of accident reports, as well as other evidence. They will also go to and document the scene of the accident.

This will help them to understand the extent of the injuries you’ve suffered in terms of current and projected costs for your emotional or physical suffering. They will then review your financial losses to determine the value 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 reviewing any available evidence. They will also gather the driver who was at fault and their driving phone records to determine the way they used their vehicle at the time of the accident. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working while at work, as this could affect their ability to pay for your damages.

In addition the lawyer may inquire about the defendant’s previous criminal and traffic convictions in the discovery process. These facts are usually not admissible but could be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have the medical records, you are able to begin settlement negotiation. In the beginning, the insurance company will present an offer that is often substantially lower than the amount you demand in the letter. This is a method to determine how strong your case. In auto accident attorneys murfreesboro , it’s crucial to highlight the most powerful points that you have in your favor. For example, that the insurer was responsible and that there were serious injuries and expensive medical expenses. Negotiating back and forth will eventually result in a fair and reasonable amount.

A skilled accident lawyer can successfully argue your claim’s merits including presenting proof to support your losses. This could include photos of the car damage, police reports and witness testimony. We know how to calculate various elements of your claim, including lost income, pain and suffering and police report.

If the insurance company is unwilling to pay a reasonable amount at this point, we could file a lawsuit. A trial usually lasts up to two days and is either heard by an individual judge (called a bench trial) or jurors. If your case settles before reaching this stage the process could take months. Your lawyer may also be able file a summary motion to enter judgment. This means claiming that all evidence is in your favor and arguing that it is impossible for the opposition to prevail.

Filing a Lawsuit

In a majority of cases involving car accidents, the parties are able to settle their dispute out of court. Our team will assist you in negotiating an agreement with the insurance company of the other driver company, or directly with the person at fault. If there is no agreement the lawyers of our firm will bring a lawsuit against the defendant. The complaint contains your claims and allegations about the incident and why you are entitled to compensation. The defendant is served the Complaint, and given a set amount of time to answer.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as what they believe happened, how they believe it occurred and what injuries you’ve sustained. We will also solicit expert opinions that will support our stance.

During the discovery process, your lawyer may file legal documents called motions to the court to a judge’s decision on. This could include requests for the court to exclude certain evidence, or to set the date for a trial. It can take as long as an entire year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can in the process.