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The Intake Process for Car Accident Litigation

A lawyer who is experienced in car accident litigation can help you determine the strengths of your case as well as how much settlement you could receive. This is only possible if all the information you need is available.

Discovery is the very first step of an auto accident case. In this stage, attorneys and their teams will communicate with each other and ask questions under the oath.

Documentation





Documentation is a major aspect of the investigation in an accident. This could 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 documentation you need is a police report. auto accident law firm asheville who arrives at the accident scene will usually prepare a report. This will provide valuable information about the accident and who was responsible.

Your lawyer may also utilize an official report from law enforcement to obtain additional evidence if required. For instance, if the incident occurred at a company, an employee at that area may have recorded video footage of the incident. If this is the case, the tape must be requested from the business as soon as is possible.

Document any expenses you incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This could include medical bills and records of your treatment, medication receipts rental car expenses and in-home care or assistance transport costs, and many more. You should also document any income lost due to your accident. You can use old tax returns and pay stubs.

If you can, collect the names of witnesses to the accident as well. They might be able to give valuable information, especially if are able to get them to testify in court. However, it is important to keep in mind that witnesses can alter their testimony over time and could forget specific details about the incident.

Intake and Investigation

Whether you have filed a claim with an insurance company or are starting legal action against a negligent driver, the initial intake process is crucial to getting an adequate and fair settlement for your crash injuries. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

This will help them understand the extent of your injuries both in terms of future and anticipated costs for your physical and emotional suffering. They will then review your current and future financial losses to estimate the value of your case. Damages could include not just your current and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any available evidence. They will also collect information about the driving habits and cell phones of the at-fault drivers to determine if they were using their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working while on the job, as this could negatively impact their ability to pay your damages.

As part of the process of discovery, your lawyer will also ask about the defendant's criminal and traffic offence records. These details are generally not admissible in court but they can be useful to discredit the credibility of the defendant in cross-examination.

Negotiating a Settlement

After you've obtained the medical documents then your lawyer will begin settlement negotiations. The insurance company may make an initial offer that is less than what you requested in your letter. This is a strategy to assess how strong your argument is. In the counteroffer it is crucial to emphasize the most important arguments in your favor, for instance, that the insured was fully at blame and that you were afflicted with serious injuries that resulted in significant medical expenses. The process of negotiating back and forth should eventually result in an equitable and reasonable amount.

A skilled attorney for accidents will effectively argue the merits of your claim, including presenting evidence that supports your losses. This could include photos of vehicle damage, police reports and witness testimony. We also know how to determine the value of each element of your claim, such as loss of income, pain and suffering.

If the insurance company refuses to pay an amount that is reasonable at the moment, we can start a lawsuit. A trial typically lasts between one and two days, and is conducted by a judge or a jury. If your case is settled before this stage, it can take several months. Your attorney may also be able file a summary motion for judgment. This involves asserting that all evidence is in your favour, and arguing that it's impossible for the opposing side to win.

Filing a Lawsuit

In the majority of car crash instances, parties can resolve their disagreement without going to court. Our team will help you negotiate with the insurance company of the other driver or directly with the party at fault. If an agreement cannot be reached, our lawyers will initiate an action against the defendant. The Complaint will list your claims and allegations regarding the circumstances of the crash and why you are entitled to compensation. The defendant is served the Complaint and given a specified amount of time to respond.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other evidence in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, focusing on how they believe the crash occurred and what injuries you have suffered. We will also seek out experts to back our assertions.

During the discovery stage, your lawyer will prepare legal documents referred to as motions to the court for a decision by the judge. These could include requests to the court to omit certain evidence or set the date for a trial. It can take as long as a year for the discovery process to be completed and a trial date set. It is essential to speak with an experienced Long Island auto accident attorney as early as you can in the process.