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The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases will be able to help you determine the strength of your case and what settlement amount you might receive. However it is only possible with all the necessary information.

The first step in a lawsuit involving a car accident is known as discovery. In this phase, attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a large aspect of the investigation in a car accident. This could include evidence like photographs, medical records, or witness statements. The more evidence you have, the more convincing your case.

A police report is the first document you should have. Typically, the police officer who comes to the scene of the accident will prepare reports, and these will give important details about how the crash occurred and who was responsible for the incident.

Your lawyer may also utilize an official report from law enforcement to gather additional evidence if required. For instance, if the incident occurred at a company where employees were present, the location might have recorded footage of the incident. If this is the case the tape must be requested from the business as soon as possible.

Keep track of any expenses you incur due to the accident. This could include medical bills and records of your treatment, receipts for medicines, rental car fees as well as in-home care or assistance as well as transportation costs and many more. In addition, you should record any income loss because of your injury. You can utilize old tax returns and pay stubs.

It is also advisable to get the names of witnesses. They could be valuable sources of information for your case, especially when they can be a witness in a trial. However, it is important to remember that witnesses are prone to altering their stories over time and forget details of the incident.

Intake and Investigation

Whether you have made an insurance company or have started a lawsuit against an at-fault driver, the process of intake is essential to receive the full and fair amount of compensation for the accident injuries. Your attorney will start by reviewing your medical treatment documents, and then obtaining copies accident reports and other evidence. They will also go to and document the accident scene.

This information will allow them to determine the extent of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. They will then analyze your financial losses to estimate the value of your case. The damages you suffer could include not just future and present medical expenses, but also loss of income and property damage.


Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any available evidence. They will also obtain the driver at fault’s driving records and phone records to determine what they were doing with their vehicle at the time of the crash. This is especially important if there was a collision with an Uber or Lyft vehicle, or any other evidence that suggests the driver worked while on the clock.

In addition to this, your attorney will likely ask questions about the defendant’s previous criminal and traffic-related offenses during the discovery process. These details are typically not admissible but could be used to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you have received your medical records, you’re able to begin negotiations for settlement. In the beginning, the insurance company will present an offer which is usually significantly lower than the amount you demand in the letter. This is an opportunity to determine the credibility of your argument. In your counteroffer it is essential to highlight the most compelling points you have to your advantage. For instance, you can say the insurer was at fault and there were severe injuries and high medical costs. In the end, a lot of bargaining back and forth should result in an amount that is reasonable and fair.

A skilled attorney for accidents can effectively argue for the merits of your case, including presenting evidence supporting your losses. auto accident law firm plymouth could include photographs of the damage to your vehicle along with a police report as well as witness testimony. We also know how to calculate the value of different elements of your claim, such as lost income and pain and suffering.

If, at this point, the insurance company is still refusing to offer a reasonable amount, we have the option to make a claim in court. A trial usually lasts between one and two days, and is judged by an attorney or a jury. If your case settles prior to this stage it can take a few months. Or, your lawyer may be able to file a motion for summary judgement. 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 can resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint outlines your claims and allegations relating to the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a certain timeframe to respond to it.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will be asking questions to the lawyer for the defendant about their perspective on the events, including what injuries you’ve sustained and what they believe happened. happened. We will also search for expert opinions to support our assertions.

During the process of discovery, your lawyer could file legal documents called motions to the court for a judge to decide on. This may include requesting the judge to exclude evidence or set a trial date. It can take up one year for the investigation process to be completed and a trial date to be set. This is why it’s vital to partner with an experienced Long Island car accident attorney early in the process.