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The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases will be able to help you determine the strength of your case and how much settlement you could receive. This is only possible if all the information you require is available.

The first step in a car accident lawsuit is called discovery. During this phase, attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

A lot of the work that goes into a car accident investigation is gathering evidence. This can include evidence like photographs, medical records, or witness statements. In general, the more evidence you have to back your claim, the stronger your argument will be.

The first document you need is a police report. The police officer who arrives at the accident scene is likely to prepare a written report. This report will provide important details about the incident and who was responsible for it.





Your attorney may also make use of a law enforcement report to gather additional evidence in the event of need. For instance, if the incident occurred in a business where employees were present, the site might have recorded footage of the incident. If this is the case, you must ask for a copy of the footage from the business.

You should also keep track of any expenses you incurred in the aftermath of the accident. These could include medical bills and records of your treatment, medication receipts rental car expenses and in-home care or assistance as well as transportation costs. It is also important to document any income you lose due to your accident. This could include old pay stubs as well as tax returns.

If you are able to, request the names of any witnesses to the accident as well. These people can serve as valuable sources of information for your case, especially those who are able to give evidence at trial. It's important to keep in mind that witnesses may alter their narratives and forget specifics about the accident over time.

Intake and Investigation

The process of intake is vital to getting an adequate amount of compensation for your accident injuries, whether you have submitted an insurance claim or are suing the responsible party. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the accident to observe and document what they can.

This will help them to understand the extent of injuries you have suffered in terms of current and projected costs for your physical or emotional suffering. Then, they'll review your current and future financial losses in order to estimate the value of your case. The damages could not be limited to just future and present medical expenses, but also your loss of income as well as property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any available evidence. They will also obtain the driving and cell phone records of the driver at fault in order to determine if they were using their vehicle at the time. This is especially important in the event that there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was working on the clock.

In addition to this the lawyer may inquire about the defendant's previous criminal and traffic convictions as part of the discovery process. Generally, auto accident lawyer mesquite are not admissible in court but they can be useful to undermine the credibility of a defendant during cross-examination.

Negotiating a Settlement

After receiving the medical records, you can begin negotiations for settlement. The insurance company may make an initial offer that is lower than the amount you requested in your letter. This is a strategy to assess how strong your argument is. In the counteroffer, you must be crucial to highlight the most powerful arguments in your favor, for instance, that the insured was completely at the fault and that you sustained severe injuries with significant medical expenses. Negotiating back and forth will eventually lead to an appropriate and fair amount.

An experienced attorney can successfully argue the benefits of your claim, including presenting evidence to support your losses. This could include photographs of the car damage, a police report and witness testimony. We know how to calculate various elements of your claim like loss of income as well as pain and suffering, and police report.

If, at this point, the insurance company still refuses to provide a reasonable amount, we may choose to make a claim in court. A trial usually lasts one or two days and is either heard by an individual judge (called a bench trial) or by jurors. If your case is settled before reaching this stage the process could take months. Or, your lawyer may be able to file a motion for summary judge. This is a way of claiming that all evidence is in your favor and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In the majority of car crash cases, the parties can settle their disputes outside of court. Our team will help you negotiate a settlement with the other driver's insurance company or directly with the party at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint contains your claims and allegations relating to the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a specified amount of time to respond.

During the discovery phase, our lawyers will share documents and other material with the defendant and ask questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, focusing on how they believe the crash occurred and what injuries you've suffered. We will also seek expert opinions that support our position.

During the discovery process your lawyer could file legal documents called motions to the court to a judge's decision on. These could include requests to the court's decision to exclude certain evidence or to schedule the date for a trial. It can take up to one year for the discovery process to be completed and a trial date set. This is the reason it's essential to find a knowledgeable Long Island car accident attorney early on in the process.