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The Intake Process for Car Accident Litigation

An experienced lawyer in defending car accident cases can help you determine the potential strength of your case and how much settlement you could get. This is only possible when all the information you need is available.

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

Documentation

Documentation is a major part of the work in a car accident. This can include evidence such as photographs, medical records, or witness statements. The more evidence you have, the better your case will be.

The first piece of documentation you should have is a police report. Typically, the police officer who arrives at the scene of the accident will write a report, and this will provide important information about the circumstances of the crash and who was at fault for the incident.

Your lawyer may also utilize the law enforcement report to seek additional evidence in the event of need. For example, if the incident took place in a commercial or office, an employee working at the site might have recorded video footage of the incident. If this is the case a copy of the tape must be requested from the company as soon as is possible.

You should also record any expenses you incurred in the aftermath of the accident. These could include medical bills and records for your treatment, receipts for medications, rental car fees home care or assistance as well as transportation costs and much more. It is also important to document any income lost due to your accident. This could include old pay stubs and tax returns.

You should also get the names of witnesses. 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 remember that witnesses can alter their stories over time and they may forget details about the incident.

Intake and Investigation

The process of intake is crucial in obtaining an adequate amount of compensation for your accident injuries, whether you have filed a claim with an insurance company or you are suing the person at fault. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports, as well as other evidence. They will also visit the site of the crash to observe and document what they can.

This information will enable them to determine the severity of the injuries you've suffered as well as the actual and projected costs for your emotional or physical suffering. They will then analyze your financial losses to determine the value of your case. The damages could not be limited to only future and current medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also gather 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 important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was on the job, as this could negatively impact the ability of them to pay damages.

In addition your attorney may ask questions about the defendant's previous criminal and traffic-related offenses during the discovery process. 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've obtained the medical documents after which your lawyer can start negotiations to settle the matter. The insurance company will often make an initial offer that is much smaller than the amount that you requested in your letter. This is a way to assess the strength of your argument. In your counteroffer, it is important to highlight the strongest points that you have in your favor. For example, that the insurer was responsible and that there were severe injuries as well as expensive medical expenses. Eventually, the back and forth negotiation will result in an amount that is fair and reasonable.

A skilled lawyer for accidents can successfully argue your claim's merits by presenting evidence to justify your losses. This could include photographs of the car's damage as well as a police report and witness testimony. We also know how to determine the value of different elements of your claim, like lost income and pain and suffering.

If the insurance company refuses to pay an acceptable amount at the moment, we can bring a lawsuit. A trial typically lasts between one and two days and is judged by a judge or a jury. If your case is settled prior to reaching this phase the process could take months. Your lawyer may also be able to file a summary motion for judgment. This means presenting all of the evidence to your advantage and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident instances, parties can resolve their disagreement outside of court. Our team will work to help you negotiate an agreement with the other driver's insurance company, or directly with the person at fault. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will outline your claims and details about the cause of the crash and why you are entitled to compensation. The defendant is served the Complaint, and given a specified period of time to reply.

The discovery stage is when our lawyers and the defendant begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, such as the circumstances under which they believe the crash happened and what injuries you've sustained. auto accident law firm chino hills will also look for expert opinions to support our position.

During the process of discovery, your lawyer could submit legal documents, also known as motions to the court to a judge's decision on. This can include requesting the judge to exclude evidence or set a trial date. It could take a full year or more to complete the discovery process and set a trial date for your case. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.