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The Intake Process for Car Accident Litigation

A lawyer who has experience in defending car accident cases will be able to assist you determine the potential strength of your case and the amount of settlement you could receive. However it is only possible with all the relevant information.

The first step in a car crash lawsuit is called discovery. During this stage, attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

The majority of the work involved in a car wreck case is obtaining documentation. This could include evidence such as photos, medical records or witness statements. The more documentation that you have, the more convincing your case will be.

A police report is the first piece of paper you should have. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will provide important details about the incident and the person responsible for it.

If required your lawyer has the option of using the police report to gather additional evidence. For instance, if the incident occurred in a business where employees were present, the site might have recorded footage of the incident. If this is the situation, a copy of the tape must be requested from the business as soon as is possible.

You should also document the expenses you incur in the aftermath of the accident. This could include medical bills or records of treatment, receipts for medication, rental car charges for in-home assistance, care at home expenses for transportation, and more. Additionally, you must document any lost income as a result of your injury. You can use old tax returns and pay stubs.

You should also find the names of witnesses. They might be able provide valuable information, particularly if you are able to get them to be a witness in court. It is important to keep in mind that witnesses may alter their story and forget details regarding the accident as time passes.

Intake and Investigation

The process of intake is vital in obtaining fair compensation for your injuries sustained in an accident, whether you have filed a claim with an insurance company or are suing the party at fault. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports, as well as other evidence. They will also go to and document the scene of the accident.

This will allow them to determine the severity of the harm you’ve suffered as well as the future and current costs for your physical or emotional suffering. They will then analyze your existing and expected financial losses to determine the value of your case. Your damages may include not only current and future medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any evidence. They will also gather the driver at fault’s driving and cell phone records to see the way they used their vehicle at the time of the collision. This is particularly important when there was a collision involving an Uber or Lyft car or any other indication that the driver was working on the clock.

Additionally, your attorney will likely inquire about the defendant’s criminal and traffic offence history during the discovery process. These details are generally not admissible, however they can be used to undermine the defendant’s credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records, it is possible to begin settlement negotiations. The insurance company is likely to make an initial offer that is much less than the amount you demanded in your letter. This is a way to test how convincing your case is. In the counteroffer it is crucial to emphasize the most important points in your favor – for example, the insured was at the fault, and that you suffered severe injuries with significant medical expenses. Negotiating back and forth will eventually result in a fair and reasonable amount.

An experienced accident lawyer can successfully argue your claim’s merits by presenting evidence to justify your losses. This could include photographs of the car damage along with a police report as well as witness testimony. We have the ability to calculate various aspects of your claim, including loss of income as well as pain and suffering, and police reports.

If the insurance company is unwilling to pay an amount that is reasonable at the moment, we can file a lawsuit. A trial usually lasts about two or three days and is supervised by a judge (called a bench trial) or by jurors. If your case settles before reaching this phase the process could last months. In addition, your attorney might be able to file a motion for summary judgement. This involves arguing that all evidence is in your favour, and arguing that it is impossible for the opposition to win.

Filing an action

In a majority of cases involving car accidents parties can resolve their disputes outside of court. Our team will work to assist you in negotiating an agreement with the insurance company or directly with the party at fault. If auto accident law firm rio rancho cannot be reached the lawyers of our firm will start a lawsuit against the defendant. The Complaint will outline your claims and allegations about the circumstances of the crash and the reason you should be compensated. The defendant is served the Complaint, and given a set amount of time to answer.

The discovery stage 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 ask the attorney for the defendant questions about their version of events, including what they believe happened, how they believe it happened and what injuries you’ve sustained. We will also search for experts to back our assertions.

During the discovery phase, your lawyer could make legal documents known as motions in court for a decision by an individual judge. This may include requesting the judge to exclude evidence or set a trial date. It could take up to one year for the discovery process to be completed and a trial date established. This is why it’s important to partner with an experienced Long Island car accident attorney early in the process.