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The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to assist you determine the strength of your case and the amount of settlement you could receive. This is only possible if all the information you require is available.

Discovery is the very first step of a car accident case. In this stage, attorneys and their teams discuss documents and answer questions under the oath.

Documentation

A lot of the work that goes into a car accident case is collecting documentation. auto accident attorneys vacaville could be evidence like photographs, medical records or witness statements. The more documentation that you have the more convincing your case will become.


The first piece of documentation you should have is a law enforcement report. Typically the police officer that arrives at the scene of the accident will prepare the report, and it will contain important information about how the crash occurred and who was responsible for the incident.

Your lawyer may also utilize the report of a law enforcement officer to pursue additional evidence if necessary. For example, if the incident occurred in a business where employees were present, the location may have recorded video footage of the incident. If this is the case, seek a copy from the business.

You should also record any expenses you incurred due to the accident. This could include medical expenses and records of your treatment, receipts for medication rental car fees and in-home care or assistance as well as transportation costs. In addition, you should keep track of any income loss due to your injury. You can use tax returns and pay stubs.

If you can, collect the names of witnesses to the incident as well. These people may be able provide valuable information, especially if you are able to have them give evidence in court. It’s important to keep in mind that witnesses can alter their narratives and forget specifics regarding the accident as time passes.

Intake and Investigation

If you have made an insurance company or have started a lawsuit against an at-fault driver, the initial intake process is essential to obtaining an adequate and fair settlement for your crash injuries. Your attorney will begin by looking over your medical records and then obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

This information will enable them to determine the severity of the injuries you’ve suffered in relation to future and current costs for your emotional or physical suffering. Then, they will look at your financial losses to estimate the value of your case. The damages could include not just future and present medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation and interview witnesses and analyzing all available evidence. They will also gather data from the cell phone and driving records of the drivers at fault to determine how they used their vehicle at that time. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the job, as this could affect their ability to pay your damages.

As part of the discovery process, your lawyer will also ask about the defendant’s criminal and traffic offence records. These details are generally not admissible in court but they can be useful to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After receiving the medical records, you can begin settlement negotiation. In the beginning the insurance company will make an offer that’s usually considerably lower than what you request in the letter. This is a method to determine the strength of your argument. When you counteroffer, it’s crucial to highlight the most powerful arguments to your advantage. For example, that the insurance company was responsible and that there were severe injuries and significant medical expenses. Negotiating back and forth should eventually result in an equitable and reasonable amount.

An experienced accident lawyer will effectively argue the benefits of your claim, including presenting evidence that supports your losses. This could include photographs of the car damage, a police report and witness testimony. We are able to calculate various elements of your claim such as loss of income or pain and suffering, as well as police report.

If at this point the insurance company refuses to provide a reasonable amount, we have the option to start a lawsuit in the courtroom. A trial typically lasts between one and two days, and is heard either by jurors or a judge. If your case settles prior to this phase it could take a few months. Or, your lawyer may be able to file an application for summary judgment. This involves arguing that all evidence is in your favor, and arguing that it’s impossible to allow the opponent to prevail.

Filing a Lawsuit

In the majority of cases involving car accidents, the parties can settle their dispute out of court. Our team will help you negotiate an agreement with the insurance company or directly with the at-fault party. If a settlement isn’t reached, our lawyers will file a lawsuit against the defendant. The Complaint contains your claims and allegations about the accident and why you are entitled to compensation. The defendant is served with the Complaint, and given a set amount of time to respond.

During the discovery phase, our attorneys will share documents and other material with the defendant, while asking questions via interrogatories as well as depositions. Our team will pose questions to the defendant’s lawyer about their view of the events, such as what injuries you’ve sustained and what they believe happened. happened. We will also seek expert opinions that enforce our position.

During the discovery phase, your lawyer could prepare legal documents referred to as motions in court for the decision of the judge. This may include requesting the court to omit evidence or schedule a trial. It could take a year or more to complete the discovery process and set the 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.