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The Intake Process for Car Accident Litigation

A lawyer with expertise in car accident litigation can help you determine how solid your case is as well as how much your settlement could be worth. However it is only possible with all the information needed.

The initial step in a lawsuit involving a car accident is called discovery. During this phase attorneys and their teams will exchange documents and ask questions under the oath.

Documentation

Documentation is an integral part of the work in an round lake auto accident attorney accident. This could include evidence such photographs, medical records or witness statements. The more documentation that you have the more convincing your case.

A police report is the first document you need. Typically the police officer who arrives at the scene of the cathedral city auto accident lawyer will draft the report, and it will contain important information about how the accident occurred and who was at fault for the incident.

If necessary your attorney has to use a police report to gather additional evidence. For example, if the incident took place in a commercial the employee who worked at that location may have recorded footage of the incident. If this is the case a copy of the tape should be requested from the business as soon as possible.

Document any expenses you incurred because of the accident. Document any expenses you incurred due to. These could include medical bills and records of your treatment, receipts for medications rental car expenses as well as in-home care or assistance, transportation costs, and many more. Also, you should document any income lost due to your accident. This could include old pay slips and tax returns.

If you can, collect the names of witnesses to the accident as well. These people may be able to provide valuable details, especially if are able to get them to be a witness in court. It’s important to remember that witnesses may alter their accounts and forget details about the accident over time.

Intake and Investigation

The process of intake is crucial to obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you’ve filed an insurance claim or are suing the responsible party. Your attorney will start by looking through your medical documents, and then obtaining copies accident reports as well as other evidence. They will also go to the scene of the accident to observe and document what they can.

This will help them know the extent of your injuries, both in terms of current and projected future costs for your physical and emotional suffering. Then, they’ll review your financial losses in order to determine the value of your case. The damages could include not only current and future medical expenses, but also loss of income and property damage.

Your lawyer will also conduct an investigation into the incident, h.ighl.igh.t.q.j.f.y including questioning witnesses and analyzing any evidence. They will also obtain the driving and cell phone records of the drivers at fault to determine how they operated their vehicle at the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was on the job, since this could affect their ability to pay your damages.

In addition to this, your attorney will likely inquire regarding the defendant’s prior criminal and traffic convictions during the discovery process. Generally, these details are not admissible in court but they could be helpful to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After you have received your medical records, it is possible to begin negotiations for settlement. In the beginning, the insurance company will present an offer that is often considerably lower than what you requested in your letter. This is a way to see how strong your case. In the counteroffer, it’s crucial to highlight the most powerful arguments in your favor, for example, that the insured was fully at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. Negotiating back and forth should eventually lead to an acceptable and reasonable amount.

A skilled accident lawyer can successfully argue for your claim’s merits, including presenting evidence to prove your losses. This may include photos of the car’s damage or a police report, as well as witness testimony. We have the ability to determine the various elements of your claim, including lost income, pain and suffering and police report.

If at this point the insurance company continues to refuse to provide a reasonable amount, we may choose to start a lawsuit in the courtroom. A trial usually lasts between one and two days and is judged by either a judge or jury. If your case is settled before reaching this phase the process could last months. Or, your lawyer may be eligible to file a motion for summary judgement. This is a way of claiming that all evidence is in your favor and arguing it’s impossible for the opposing side to win.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the person who was at fault. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint contains your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served the Complaint, and given a specified amount of time to answer.

The discovery stage is when our attorneys and the defendant begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will be asking questions to the lawyer for the defendant about their perspective on the events, focusing on what injuries you have suffered and the way they believe it happened. We will also request expert opinions to support our position.

During the process of discovery, your lawyer could file legal documents called motions to the court for a judge to decide on. This could include asking the court to block evidence or Vimeo.Com schedule a trial. It can take up to one year for the investigation process to be completed and a trial date to be set. This is why it’s vital to partner with an experienced Long Island car accident attorney at the beginning of the process.