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The Intake Process for Car Accident Litigation

A lawyer who specializes in car accident litigation can help you determine the strength of your case is, and how the settlement may be worth. This is only possible when all the information you need is available.

Discovery is the first stage of an auto accident case. In this stage, attorneys and their teams will exchange documents and ask questions under oath.

Documentation

A lot of the work involved in a car crash investigation is gathering evidence. This can include evidence like photographs, medical records or witness statements. In general, the more evidence you have to support your claim the stronger your case will be.

A law enforcement report is the first piece of paper you should have. The police officer who arrives at the scene of the accident will usually prepare a report. This will provide valuable information about the accident and who was responsible.

Your lawyer can also make use of a law enforcement report to obtain additional evidence if required. If the incident occurred at a place of business for instance an employee might have recorded video footage. If this is the case, a copy of the tape must be requested from the business as quickly as it is possible.

Record any expenses you have incurred as a result of the accident. Record any costs you incur due to. This can include medical bills as well as records of your treatment, receipts from medication rental car expenses for in-home assistance, care at home transport costs, and many more. You should also document the loss of income due to your accident. You can use tax returns and pay stubs.

You should also try to obtain the names of witnesses. They may be able to give valuable information, especially if you are able to get them to give evidence in court. It's important to remember that witnesses may change their narratives and forget specifics about the accident over time.

Intake and Investigation

If you've filed an insurance company or are preparing an action against the at-fault driver, the process of obtaining an intake is essential to obtaining full and fair compensation for your injuries from a crash. Your attorney will begin by examining your medical records, obtaining copies accident reports and other evidence. They will also visit the scene of the crash to record and observe what they can.

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

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

As part of the discovery process, your lawyer will also inquire about the defendant's criminal and traffic offence records. Generally speaking, these facts are not admissible in court, however they can be useful to undermine the credibility of a defendant during cross examination.

Negotiating a Settlement

Once you have received the medical records, you can begin settlement negotiations. In auto accident lawsuit durham , the insurance company will make an offer which is usually significantly lower than the amount you demand in the letter. This is a way to test how convincing your case is. In the counteroffer, it's important to highlight the strongest points in your favor - for instance, that the insured was at the fault, and that you suffered severe injuries with high medical expenses. Then, bargaining back and forth should get you to an amount that is both reasonable and fair.

A skilled lawyer for accidents can effectively argue your claim's merits including presenting evidence to prove your losses. This could include photographs of the damage to your car as well as a police report and witness testimony. We also know how to calculate the value of each element of your claim, including loss of income, pain and suffering.

If, at this point, the insurance company is still refusing to offer a reasonable amount, we may choose to make a claim in court. A trial usually lasts between one and two days, and is conducted by a judge or a jury. If your case settles before this stage it can take a few months. Alternatively, your attorney may be in a position to file an application for summary judgment. This is a way of claiming that all evidence is in your favor and arguing it's impossible for the opponent to win.

Filing a Lawsuit

In the majority of cases involving car accidents parties can settle their dispute out of court. Our team will work to help you negotiate a settlement with the other driver's insurance company or directly with the at-fault party. However, if an agreement cannot be reached our lawyers will file a lawsuit against the defendant. The Complaint will detail your claims and allegations regarding how the accident occurred and why you are entitled to compensation. The defendant is served with the Complaint, and given a set time frame to respond.





During the discovery phase, our lawyers will discuss documents and other materials with the defendant while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including how they believe the crash occurred and what injuries you have suffered. We will also look for experts to back our position.

During the discovery process, your lawyer could submit legal documents known as motions to the court for a judge to rule on. These could include requests to the court to block certain evidence or to schedule the date for a trial. It can take up to an entire year for the discovery process to be completed and a trial date scheduled. This is the reason it's essential to partner with an experienced Long Island car accident attorney at the beginning of the process.