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The Intake Process for Car Accident Litigation
A lawyer with experience in the field of car accident litigation will be able to help you determine the potential strength of your case and the amount of settlement you can receive. But this is only possible if you have all the necessary information.
Discovery is the initial step of an auto accident case. During this stage, attorneys and their teams exchange documents and discuss their respective cases under the oath.
Documentation
Documentation is a significant element of a car accident. This can include evidence like photographs, medical records, or witness statements. The more evidence you have the better your case will be.
A police report is the primary document you need. Typically, the police officer who arrives at the scene of the crash will prepare an investigation report. This will provide crucial information on how the crash occurred and who was responsible for the incident.
If required you need to, your attorney can make use of a police report to gather additional evidence. If auto accident attorneys concord occurred in a place of business such as a place of business an employee might have recorded video footage. If this is the situation, a copy of the tape should be requested from the company as soon as is possible.
You should also record any expenses you incurred in the aftermath of the accident. This could include medical bills and records of your treatment, receipts from medication rental car fees and in-home care or assistance transport costs, and many more. Also, you should document the loss of income due to your injury. This could include old pay stubs, as well as tax returns.
If you can, get the names of any witnesses to the accident as well. They could be important sources of information in your case, particularly in the event that they are able to be a witness in a trial. It is important to keep in mind that witnesses are prone to altering their story over time and forget details of the incident.
Intake and Investigation
If you have made a claim with an insurance company or are starting legal action against a negligent driver, the process of intake is essential to receive the full and fair amount of compensation for your injuries from a crash. Your lawyer will begin by looking over your medical treatment records, and obtaining copies of accident reports as well as other evidence. They will also go to the scene of the accident to take note of what they can.
This information will allow them to know the extent of your injuries, both in terms of future and current costs for your physical and emotional suffering. They will then look over your existing and expected financial losses to determine the total value of your case. Your damages can include not only your current and future medical expenses but also income loss and property damage.
Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any evidence. They will also collect data from the cell phone and driving records of the drivers who were at fault to see how they used their vehicle at that time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was at work, as this could impact the ability of them to pay damages.
Additionally the lawyer may ask questions about the defendant's past criminal and traffic offense history during the discovery process. Generally, these details are not admissible in court but they could be helpful to undermine the credibility of the defendant during cross examination.
The process of negotiating a settlement
After you've obtained the medical documents then your lawyer will begin settlement negotiations. Initially, the insurance company will present an offer which is usually significantly lower than the amount you demand in the letter. This is a method to assess how strong your case is. In your counteroffer it is important to highlight the strongest points that you have to your advantage. For instance, you can say that the insurer was at fault and that there were severe injuries as well as the medical costs were high. Then, back and forth bargaining should get you to an amount that is reasonable and fair.
A skilled attorney for accidents can successfully argue the merits of your case, including presenting evidence to support your losses. This could include photos of car damage, police reports and witness testimony. We also know how to calculate the value of various components of your claim, such as lost income and pain and suffering.
If the insurance company is unwilling to pay an acceptable amount at the moment, we can bring a lawsuit. A trial typically lasts between one and two days, and is ruled on by a judge or a jury. If your case is settled prior to this stage it could take a few months. Or, your lawyer may be capable of filing an application for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the opposing side to prevail.
Filing an action
In a majority of car accident cases, the parties can settle their dispute out of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will contain your claims and allegations about the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specific timeframe to respond.
The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will inquire to the defendant's lawyer about their interpretation of the events, including what injuries you've suffered and how they believe it happened. We will also seek out expert opinions to support our assertions.
During the discovery process your lawyer may file legal documents called motions to the court for a judge to rule on. This may include requests for the court's decision to exclude certain evidence, or to set the date for a trial. It could take up to an entire year for the discovery process to be completed and a trial date set. It is essential to speak with an experienced Long Island auto accident attorney as early as you can during the process.