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The Intake Process for Car Accident Litigation

A lawyer who is specialized in litigation involving car accidents can assist you in determining how strong your case is and how the settlement might be worth. However it is only possible when you have all the relevant information.

Discovery is the very first step of a car accident case. During this stage, attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is a major component of a car accident. This can include evidence like photos, medical records or witness statements. The more documentation that you have the more convincing your case will become.

A police report is the primary document you need. The police officer who arrives at the scene of an accident will usually write a report. It will provide important information regarding the accident as well as who was responsible for it.

If necessary, your attorney can use a police report to gather additional evidence. If the incident occurred in the workplace for instance an employee might have recorded video footage. If that's the case, the tape must be requested from the company as soon as it is possible.

You should also document the costs you have incurred in the aftermath of the accident. These could include medical bills and records for your treatment, receipts from medication rental car charges, in-home care or assistance transport costs, and much more. It is important to record the loss of income due to your accident. You can utilize old tax returns and pay stubs.

If you are able to, request the names of witnesses to the accident as well. They might be able to provide valuable information, especially if you are able to have them be a witness in court. It's important to remember that witnesses could alter their narratives and forget specifics about the incident over time.

Intake and Investigation

The intake process is critical to obtaining fair compensation for your injuries from an accident regardless of whether you've submitted an insurance claim or are suing the responsible party. Your attorney will begin by reviewing your medical records, obtaining copies accident reports and other evidence. They will also visit and document the scene of the accident.

This information will allow them to comprehend the severity of your injuries, both in terms of future and anticipated costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to determine the value of your case. Your damages can comprise not only your current and future medical expenses, but also lost income and property damage.





Your lawyer will also investigate by interviewing witnesses and analyzing all available evidence. They will also collect the driving and cell phone records of the driver at fault in order to determine if they were using their vehicle during the time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was at work, as this could negatively impact their ability to pay your damages.

As part of the process of discovery Your lawyer will inquire about the defendant's traffic and criminal conviction records. These information is generally not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

Negotiating auto accident law firm springdale

After you have obtained the medical records then your lawyer will begin negotiations on settlement. The insurance company may make an initial offer that is less than the amount you requested in your letter. This is an opportunity to assess the credibility of your argument. In the counteroffer, you must be crucial to emphasize the most important arguments for your side - for instance, that the insured was entirely at the fault, and that you suffered serious injuries that resulted in significant medical expenses. Then, the back and forth negotiation will lead to an amount that is fair and reasonable.

An experienced accident lawyer can effectively argue for your claim's merits, including presenting evidence to prove your losses. This could include photos of the damage to your car as well as a police report and witness testimony. We can determine the various elements of your claim like lost income along with pain and suffering as well as a police report.

If at this point the insurance company continues to refuse to offer a fair amount, we can choose to file a lawsuit in court. A trial typically lasts up to two days and is supervised by a judge (called a bench trial) or by a jury. If your case is settled prior to this phase it can take a few months. Your lawyer may also be able file a summary motion to enter judgment. This involves asserting that all evidence is in your favor and arguing that it is impossible for the opposition to prevail.

Filing an action

In the majority of car crash cases, the parties can settle their dispute without the need for court. Our team will help you negotiate an agreement with the other driver's insurance company, or directly with the party at fault. However, if an agreement cannot be reached the lawyers of our firm will initiate an action against the defendant. The Complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served with the Complaint, and given a set amount of time to respond.

During the discovery phase, our attorneys will discuss documents and other evidence with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions about their version of events, including how they believe the crash occurred and the injuries you've sustained. We will also search for expert opinions to support our position.

During the discovery phase, your lawyer may file legal documents known as motions with the court to be ruled on by a judge. This could include requests for the court to block certain evidence or to schedule an appointment for trial. It can take a whole year or more to complete the discovery process and determine a trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney as early as you can in the process.