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The Intake Process for Car Accident Litigation

A lawyer who specializes in the area of car accident litigation will help you determine the strength of your case is, and how the settlement might be worth. But this is only feasible with all the relevant information.

Discovery is the first step of a car accident case. In this phase, attorneys and their teams will exchange documents and discuss questions under an oath.

Documentation

A large portion of the work involved in a car accident case is obtaining documentation. This can include evidence like medical records, photos or witness statements. The more documentation that you have the better your case will be.

The first piece of evidence you need is a report from the police. Typically the police officer who comes to the scene of the accident will write an investigation report. This will provide crucial information on what happened and who was responsible for the incident.

Your attorney may also make use of the report of a law enforcement officer to pursue additional evidence in the event of need. If auto accident lawsuit flint occurred at a place of business, for example an employee might have recorded video footage. If this is the situation, the tape must be requested from the business as quickly as possible.

Document any expenses you incurred as a result of the accident. This could include medical bills, records of your treatment, medication receipts, rental car charges and in-home care or assistance transport costs, and many more. Also, you should document any income loss due to your injury. This can include old pay slips and tax returns.

If you can, get the names of any witnesses to the accident as well. They may be able to give valuable information, especially if you are able to have them be a witness in court. However, it's important to remember that witnesses can change their testimony over time and they may forget details about the accident.

Intake and Investigation

The intake process is critical to obtaining fair compensation for your injuries sustained in an accident, whether you have filed an insurance claim or are suing the party at fault. Your lawyer will begin by reviewing your medical records, and obtaining copies of 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 information will enable them to determine the severity of the injuries you've sustained, both in terms current and projected costs for your emotional or physical suffering. They will then review your financial losses to estimate the total value of your case. Your damages can include not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and reviewing all available evidence. They will also take information about the driving habits and cell phones of the driver at fault in order to determine how they operated their vehicle at the time. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, as it could affect the ability of them to pay damages.

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

Negotiating a Settlement

After you have received your medical records, you're able to begin negotiations for settlement. In the beginning the insurance company will make an offer which is usually much lower than what you requested in your letter. This is a way to determine the credibility of your argument. In your counteroffer, it is important to highlight the strongest points you have in your favor. For example, that the insurer was responsible and that there were serious injuries as well as high medical costs. Negotiating back and forth will eventually lead to an acceptable and reasonable amount.

A skilled lawyer for accidents can effectively argue your claim's merits including presenting evidence to back your losses. This could include photos of the car damage, police reports, and witness testimony. We are able to calculate various elements of your claim such as loss of income, pain and suffering and police report.

If the insurance company refuses to pay an appropriate amount at this point, we may make a claim. A trial typically lasts between one and two days, and is heard either by jurors or a judge. If your case settles prior to this phase it could take several months. Your attorney may be capable of filing a motion for summary judgment. This involves asserting that all evidence is in your favour, and arguing that it's impossible for the opposition to prevail.

Filing an action

In the majority of car accident cases, the parties are able to resolve their disagreement without going to court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. If a settlement isn't reached, our attorneys will file a lawsuit against the defendant. The Complaint will detail your claims and details about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain amount of time to respond.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, such as what they believe happened during the crash, as well as how they think it took place and what injuries you've suffered. We will also solicit expert opinions to support our position.

During the discovery phase, your lawyer can file legal documents known as motions to the court for a decision by an individual judge. This could include asking the judge to exclude evidence or set a trial date. It can take up to a year for the discovery 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 early in the process.