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The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can help you determine how solid your case is as well as how much your settlement could be worth. This is only possible when all the information you require is available.





Discovery is the first stage of a car accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

A large portion of the work involved in a car wreck case is collecting evidence. This could include evidence such photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case will become.

The first document that you must have is a report from the police. The police officer who arrives at the scene of the accident will typically prepare a report. This report will provide important information about the accident and the person responsible for it.

If required your lawyer has the option of using an investigation report to collect additional evidence. If the incident occurred in an office for instance an employee might have recorded video footage. If this is the case the tape must be requested from the business as soon as possible.

Keep track of any expenses you incur because of the accident. These could include medical bills and records for your treatment, receipts for medicines, rental car fees home care or assistance expenses for transportation, and much more. In addition, you should document any lost income as a result of your injury. This can include old pay stubs, as well as tax returns.

If you can, collect the names of witnesses to the accident as well. They may be able to provide important information, especially if can get them to testify in court. It is important to remember that witnesses are prone to altering their testimony over time and could forget specific details about the accident.

Intake and Investigation

If you've filed an insurance claim with an company or are starting an action against an at-fault driver, the intake process is essential to receive the full and fair amount of compensation for your crash injuries. Your attorney will begin by reviewing your medical records and then obtaining copies of accident reports and other evidence. They will also visit the scene of the crash to take note of what they can.

This will help them understand the extent of your injuries in relation to future and projected costs for your physical and emotional suffering. Then, they will review your current and future financial losses in order to determine the value of your case. Damages could include not just your current and future medical costs but also lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also take the driver who was at fault and their driving cell phone records to see the way they used their vehicle at the time of the collision. This is especially important if there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was working around the clock.

As part of the discovery procedure the lawyer will ask about the defendant's criminal and traffic record of offenses. Generally speaking, these facts are not admissible in court, but they could be helpful to undermine the credibility of a defendant in cross-examination.

Negotiating a Settlement

After you have received your medical records, you're able to begin settlement negotiations. The insurance company will often make an initial offer that is less than what you demanded in your letter. This is a way to test the strength of your argument. In your counteroffer, it's crucial to emphasize the most important arguments you have to your advantage. For instance, you could argue that the insurance company was in the wrong and that there were serious injuries as well as significant medical expenses. In the end, back and forth bargaining will lead to an amount that is both fair and reasonable.

A skilled attorney can effectively argue your claim's merits including presenting evidence to back your losses. This may include photos of the car's damage or a police report, as well as 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 at this point the insurance company continues to refuse to offer a fair amount, we can decide to make a claim in court. A trial usually lasts between one and two days and is heard either by an attorney or a jury. If your case is settled before this point, it can take several months. Your attorney may also be able file a summary judgment motion. This involves asserting that all evidence is in your favor, and arguing that it is impossible for the opposition to win.

Filing an action

In the majority of cases involving car accidents parties can resolve their disagreement outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the person responsible for the accident. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will detail your claims and details about the circumstances of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a specific time frame to respond to it.

During the discovery phase, our attorneys will exchange documents and other materials with the defendant while asking questions via interrogatories and depositions. Our team will ask questions to the lawyer of the defendant regarding their version of the events, including the injuries you've sustained and what they believe happened. happened. We will also seek expert opinions that enforce our position.

During auto accident lawyer albuquerque of discovery, your lawyer may file legal documents called motions to the court for a judge's ruling on. This could include requests for the court to block certain evidence or to set a trial date. It can take up to one year for the investigation process to be completed and a trial date set. This is the reason it's essential to consult with a seasoned Long Island car accident attorney early on in the process.