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The Intake Process for Car Accident Litigation

An experienced lawyer in defending car accident cases will be able to help you determine the strengths of your case as well as the amount of settlement you can receive. However this is only possible if you have all the relevant information.

The first step in a car crash lawsuit is known as discovery. During this phase, attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

Documentation is a large element of the event of a car crash. This can include evidence such as photographs, medical records or witness statements. The more documentation that you have the better your case will be.


A law enforcement report is the primary document you need. Typically the police officer who comes to the scene of the accident will prepare an investigation report. This will provide important information about how the accident occurred and who was at fault for the incident.

Your attorney can also use the report of a law enforcement officer to seek additional evidence if necessary. For instance, if the incident occurred in a business, an employee at that location may have recorded footage of the incident. If that’s the case, a copy of the tape should be requested from the business as quickly as it is possible.

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

It is also advisable to get the names of witnesses. They may be able to provide valuable information, especially if you can convince them to testify in court. It is important to keep in mind that witnesses can alter their story and forget details about the incident over time.

Intake and Investigation

Whether you have made a claim with an insurance company or are starting legal action against a negligent driver, the intake process is essential to receive the full and fair amount of compensation for your crash injuries. Your lawyer will begin by looking over your medical records, as well as obtaining copies of accident reports and other evidence. They will also visit the scene of the crash to record and observe what they can.

This will help them to comprehend the extent of the injuries you’ve sustained in relation to future and current costs for your physical or emotional suffering. Then, they will look at your financial losses in order to determine the worth of your case. The damages could not be limited to only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence. They will also obtain data from the cell phone and driving records of the at-fault drivers to determine how they used their vehicle during the time. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was working while working, as this could affect the ability of them to pay damages.

As part of the process of discovery as part of the discovery process, your lawyer will ask about the defendant’s criminal and traffic offence records. These information is generally not admissible, however they can be used to undermine the defendant’s credibility in cross-examination.

Negotiating a Settlement

Once you have the medical records, your lawyer can begin negotiations to settle the matter. Initially 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 assess the credibility of your argument. In the counteroffer it is crucial to emphasize the most important points in your favor – for example, the insured was at blame and that you were afflicted with severe injuries with the highest medical costs. Negotiating back and forth should eventually result in a fair and reasonable amount.

A skilled accident lawyer can successfully argue for your claim’s merits, including presenting evidence to back your losses. This could include photos of the car damage, police reports, and witness testimony. We also know how to determine the value of various components of your claim, such as lost income and suffering and pain.

At this point, if the insurance company is still refusing to offer a fair amount, we may choose to make a claim in court. A trial usually lasts between one and two days and is ruled on by jurors or a judge. If your case is settled before reaching this stage it could take months. Or, your lawyer may be eligible to file a motion for summary judgment. This involves arguing that all evidence is in your favour, and arguing that it is impossible for the other side to prevail.

Filing an action

In a majority of cases involving car accidents the parties can settle their dispute out of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. However, if there is no agreement, our lawyers will bring an action against the defendant. The Complaint will include your claims and allegations about how the crash occurred and why you deserve compensation. The defendant will be served the Complaint and given a specific timeframe to respond.

During the discovery phase, our lawyers will discuss documents and other information with the defendant and ask questions via interrogatories or depositions. Our team will ask questions to the lawyer of the defendant regarding their perspective on the events, focusing on what injuries you have suffered and the way they believe it occurred. We will also look for expert opinions to support our assertions.

During the discovery phase, your lawyer can prepare legal documents referred to as motions with the court for a decision by the judge. This may include requests for the court to exclude certain evidence, or to set a trial date. It can take a whole year or more to complete the discovery process and set an appointment date for your case. auto accident attorney nampa is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.