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The Intake Process for Car Accident Litigation

An experienced lawyer in litigation involving car accidents can help you determine the potential strength of your case and what settlement amount you might get. However, this is only possible if you have all the necessary information.

The initial step in a car accident lawsuit is known as discovery. During this stage, attorneys and their teams exchange documents and discuss questions under an oath.

Documentation

A large portion of the work involved in a car accident case is obtaining documentation. This may include evidence such as photographs, medical records, or witness statements. The more evidence you have to support your claim the more convincing your case will be.

A police report is the first piece of paper you should have. Typically the police officer that arrives at the scene of the accident will prepare an investigation report. This will provide important information about what happened and who was responsible for the incident.

Your attorney can also use the law enforcement report to seek additional evidence if required. For example, if the incident occurred at a company the employee who worked at that location might have recorded footage of the incident. If this is the case, you must request a copy of the video from the company.

You should also keep track of the costs you have incurred as a result of the accident. This can include medical bills or records of treatment, receipts from medications rental car expenses, in-home assistance or care as well as transportation costs. In addition, you should document any lost income because of your injury. This can include old pay stubs, as well as tax returns.

You should also find the names of witnesses. These people may be able provide valuable information, particularly if you are able to have them testify in court. However, it’s important to keep in mind that witnesses can change their stories over time and they may forget details about the incident.

Intake and Investigation


The process of intake is vital in obtaining fair settlement for your accident-related injuries regardless of whether you’ve filed an insurance claim or are suing the at-fault party. Your attorney will begin by looking over your medical records, and obtaining copies accident reports and other evidence. auto accident lawyer colorado springs will also visit and document the scene of the accident.

This will help them to determine the severity of the injuries you’ve sustained in relation to cost and projections for your physical or emotional suffering. They will then review your financial losses in order to determine the value of your case. The damages you incur could comprise not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including questioning witnesses and reviewing any available evidence. They will also take the driver at fault’s driving and cell phone records to see what they were doing with their vehicle at the time of the accident. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was working while working, as it could affect the ability of them to pay damages.

Additionally your attorney may inquire about the defendant’s previous criminal and traffic offence history during the discovery process. Generally, these details are not admissible in court but they could be helpful to impeach the defendant’s credibility during cross examination.

The process of negotiating a settlement

Once you have the medical records, you are able to begin settlement negotiation. Initially, the insurance company may make an offer that is usually much lower than what you have requested in the letter. This is an opportunity to determine the strength of your case. When you counteroffer, it’s crucial to highlight the most powerful points that you have in your favor. For example, the insurer was in the wrong and that there were severe injuries and high medical costs. Negotiating back and forth should eventually lead to an acceptable and reasonable amount.

A skilled accident lawyer can successfully argue your claim’s merits including presenting proof to support your losses. This may include photos of the car’s damage along with a police report as well as witness testimony. We have the ability to calculate various aspects of your claim, such as loss of income as well as pain and suffering, and police report.

If the insurance company refuses to pay an appropriate amount at this point, we could file a lawsuit. A trial usually lasts between one and two days, and is judged by jurors or a judge. If your case settles prior to reaching this stage the process could last months. Your attorney may also be able to file a summary judgment motion. This is a way of presenting all the evidence to your advantage and arguing that it’s impossible for the opposing side to win.

Filing an action

In the majority of car crash cases, the parties can resolve their disagreement outside of court. Our team will help you negotiate a settlement with the insurance company of the other driver company or directly with the at-fault party. If there is no agreement our lawyers will bring a lawsuit against the defendant. The Complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint, and given a specific period of time to reply.

The discovery phase is when our attorneys and the defendant will begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will ask the defendant’s attorney questions about their view of events, focusing on what they believe happened during the crash, as well as how they think it occurred and what injuries you’ve sustained. We will also seek expert opinions that enforce our position.

During the discovery phase, your lawyer may file legal documents known as motions to the court to be ruled on by a judge. This can include requests for the court to block certain evidence or to set a trial date. It could take up to one year for the investigation process to be completed and a trial date to be set. This is why it’s crucial to find a knowledgeable Long Island car accident attorney at the beginning of the process.