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The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to help you determine the strength of your case and how much settlement you could get. However, this is only possible with all the information needed.

The first step in a lawsuit involving a car accident is called discovery. In this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

The majority of the work involved in a car accident case is collecting evidence. This may include evidence such as photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case.

The first piece of evidence you need is a police report. Typically the police officer that comes to the scene of the crash will prepare an investigation report. This will contain important information about how the accident occurred and who was responsible for the incident.

Your lawyer may also utilize a law enforcement report to gather additional evidence, if needed. If the incident occurred at the workplace such as a place of business an employee could have recorded video footage. If this is the situation, the tape must be requested from the business as soon as is possible.

Record any expenses you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This could include medical expenses or records of treatment, receipts from medication, rental car charges for in-home assistance, care at home transport costs, and many more. Additionally, you must record any income loss because of your accident. This can include old pay stubs as well as tax returns.

If auto accident law firm coral springs are able to, request the names of any witnesses to the accident as well. They could be valuable sources of information for your case, especially in the event that they are able to be present at trial. It’s important to remember that witnesses may change their narratives and forget specifics regarding the accident as time passes.

Intake and Investigation


The intake process is essential in obtaining fair compensation for your injuries sustained in an accident, whether you have submitted an insurance claim or are suing the responsible party. Your lawyer will begin by examining your medical records and then obtaining copies accident reports and other evidence. They will also visit and document the scene of the accident.

This information will enable them to understand the extent of the injuries you’ve suffered as well as the future and current costs for your physical or emotional suffering. Then, they will review your financial losses to determine the value of your case. The damages could include not only future and current medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and reviewing all available evidence. They will also take information about the driving habits and cell phones of the drivers at fault to determine how they used their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working while at work, as this could impact the ability of them to pay damages.

In addition the lawyer may inquire about the defendant’s previous criminal and traffic offense history as part of 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

After receiving the medical records, you’re able to begin settlement negotiation. The insurance company will often make an initial offer that is much lower than the amount you requested in your letter. This is a way to test the strength of your argument. In your counteroffer, it’s crucial to emphasize the most important arguments you have in your favor. For instance, if you claim that the insurer was at fault and that there were serious injuries as well as expensive medical expenses. Negotiating back and forth will eventually result in a fair and reasonable amount.

An experienced attorney will effectively argue the merits of your case, including presenting evidence to support your losses. This could include photographs of the damage to your car, a police report and witness testimony. We also know how to determine the value of various components of your claim, including loss of income, pain and suffering.

If at this point the insurance company continues to refuse to offer a reasonable amount, we can choose to file a lawsuit in court. A trial typically lasts between one and two days and is heard either by jurors or a judge. If your case settles before this point it could take a few months. Your attorney may be eligible to file a motion for summary judgement. This involves asserting that all evidence is in your favor, and arguing that it is impossible for the other side to prevail.

Filing an action

In the majority of car accident instances, parties can resolve their disputes without the need for court. Our team will work to help you negotiate an agreement with the insurance company, or directly with the at-fault party. If an agreement cannot be reached our lawyers will file a lawsuit against the defendant. The Complaint outlines your claims and allegations about the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a specific timeframe to respond to it.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will inquire to the defendant’s lawyer about their version of the events, focusing on what injuries you’ve suffered and what they believe happened. took place. We will also look for expert opinions to support our position.

During the discovery stage, your lawyer will file legal documents known as motions with the court to be ruled on by the judge. This may include requests for the court to omit certain evidence or set the date for a trial. It could take a full year or more to complete the process of discovery and to set the trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney early during the process.