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The Intake Process for Car Accident Litigation

A lawyer who is specialized in litigation involving car accidents can help you determine how solid your case is, and how much your settlement could be worth. However, this is only possible if you have all the necessary information.

The first step in a car accident lawsuit is known as discovery. During this stage attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

A lot of the work that goes into a car accident case is collecting evidence. This could include evidence such as photographs, medical records or witness statements. The more evidence you have to back your claim the more convincing your argument will be.

A law enforcement report is the primary document you should have. Typically, the police officer who arrives at the scene of the accident will prepare a report, and this will give important details about what happened and who was responsible for the incident.

If necessary you need to, your attorney can make use of a police report to gather additional evidence. For instance, if the incident occurred at a company where employees were present, the location may have recorded video footage of the incident. If this is the case, you should request a copy of the video from the business.

Keep track of any expenses you incur due to the accident. Document all expenses you have incurred as a result of. This could include medical bills as well as records of your treatment, receipts from medications rental car fees for in-home assistance, care at home transport costs, and many more. Also, you should document any income lost due to your injury. auto accident attorneys union city 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 might be able to give valuable information, especially if you can convince them to appear in court. However, it's important to remember that witnesses are prone to altering their stories over time and forget details of the accident.

Intake and Investigation

Whether you have made a claim with an insurance company or are preparing an action against an at-fault driver, the process of obtaining an intake is crucial to getting full and fair compensation for your injuries from a crash. Your attorney will begin by looking over your medical records and then obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the crash to take note of what they can.

This information will allow them to comprehend the severity of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. Then, they will review your current and future financial losses to determine the worth of your case. The damages could not be limited to only future and current medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any available evidence. They will also collect the driver who was at fault and their driving phone records to determine what they were doing with their vehicle at the time of the crash. This is especially important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, since this could negatively impact their ability to cover your damages.

Additionally the lawyer may ask questions about the defendant's past criminal and traffic offence history in the discovery process. Generally, these details are not admissible in court, however 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 can begin negotiations for settlement. In the beginning, the insurance company will offer an offer that is often much lower than what you demand in the letter. This is a way to determine how strong your case is. When you counteroffer, it's crucial to emphasize the most important points that you have to your advantage. For instance, you could argue that the insurance company was in the wrong and that there were serious injuries and the medical costs were high. In the end, back and forth bargaining will result in an amount that is both fair and reasonable.

A skilled accident attorney can effectively argue the merits of your case, including presenting evidence supporting your losses. This may include photos of your car damage, police reports, and witness testimony. We can determine the various elements of your claim, including lost income or pain and suffering, as well as police report.

If the insurance company is unwilling to pay an appropriate amount at this point, we may bring a lawsuit. A trial typically lasts up to two days and is usually ruled by a judge (called a bench trial) or by a jury. If your case settles prior to this phase it can take a few months. Your lawyer may also be able to file a summary judgment motion. This involves asserting that all evidence is in your favour, and arguing that it is impossible for the opponent to prevail.

Filing a Lawsuit





In the majority of cases involving car accidents the parties can resolve their disagreement outside of court. Our team can help you negotiate with the insurance company of the other driver or directly with the party at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will outline your claims and allegations regarding the cause of the crash and the reason you should be compensated. The defendant will be served the Complaint and given a specified amount of time to respond to it.

During the discovery phase, our attorneys will share documents and other evidence with the defendant, while asking questions via interrogatories as well as depositions. Our team will inquire to the lawyer of the defendant regarding their version of the events, including the injuries you've sustained and what they believe happened. occurred. We will also seek expert opinions to support our assertions.

During the discovery phase, your lawyer may make legal documents known as motions to the court for the decision of an individual judge. This could include asking the court to exclude evidence or set a trial date. It could take a year or more to complete the discovery process and establish the trial date for your case. It's crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point during the process.