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The Intake Process for Car Accident Litigation

A lawyer who is experienced in the field of car accident litigation will be able to help you determine the strength of your case and how much settlement you could get. This is only possible when all the information you need is available.

The first step in a car crash lawsuit is called discovery. In this stage, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

A significant portion of the work that goes into a car accident case is obtaining documentation. This could include evidence such as photographs, medical records or witness statements. Generally speaking, the more evidence you can provide to support your claim the stronger your claim will be.

A police report is the first document you need. Typically, the police officer who comes to the scene of the accident will prepare reports, and these will provide important information about how the accident occurred and who was at fault for the incident.

Your attorney may also make use of the report of a law enforcement officer to obtain additional evidence in the event of need. If the incident occurred at the workplace, for example employees may have recorded video footage. If that's the case, a copy of the tape must be requested from the business as quickly as it is possible.

You should also keep track of the expenses you incur in the aftermath of the accident. This can include medical bills, records of your treatment, medication receipts rental car expenses, in-home assistance or care expenses for transportation, and more. It is important to record any income loss due to your injury. You can use your old tax returns and pay stubs.

If you are able, obtain the names of any witnesses to the accident as well. auto accident lawsuit virginia may be able to provide important information, especially if can get them to give evidence in court. It is important to remember that witnesses may alter their stories and forget details regarding the accident as time passes.

Intake and Investigation

Whether you have filed an insurance claim with an company or have started legal action against a negligent driver, the initial intake process is essential for obtaining full and fair compensation for the accident injuries. Your attorney will begin by examining your medical records, as well as obtaining copies of accident reports as well as other evidence. They will also go to and document the accident scene.

This information will allow them to comprehend the severity of your injuries as well as the current and projected future costs for your physical and emotional suffering. Then, they'll review your financial losses to determine the worth of your case. The damages could include not only future and ongoing medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any available evidence. They will also take the at-fault driver's driving and phone records to determine what they were doing with their vehicle at the time of the crash. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was working while at work, as this could negatively impact their ability to cover your damages.

As part of the discovery process the lawyer will ask about the defendant's traffic and criminal offence records. Generally, these details are not admissible in court, however they could be helpful to discredit the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After you have received your medical records, you can begin settlement negotiations. The insurance company is likely to make an initial offer that is less than the amount you requested in your letter. This is a way to assess how strong your argument is. In your counteroffer it is important to highlight the strongest arguments in your favor. For example, that the insurer was responsible and that there were severe injuries and high medical costs. Negotiating back and forth could eventually result in an acceptable and reasonable amount.

A skilled lawyer for accidents can successfully argue for your claim's merits, including presenting evidence to back your losses. This could include photos of the car damages, police reports and witness testimony. We also know how to calculate the value of each element of your claim, such as loss of income, suffering and pain.

If the insurance company is unwilling to pay an appropriate amount at this point, we can bring a lawsuit. A trial usually lasts for about two or three days and can be heard by an individual judge (called a bench trial) or jurors. If your case is settled before this stage it can take a few months. In addition, your attorney might be capable of filing a motion for summary judge. This involves arguing that all evidence is in your favor and arguing that it's impossible for the opposing side to prevail.





Filing an action

In the majority of cases involving car accidents the parties can resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. If there is no agreement the lawyers of our firm will bring a lawsuit against the defendant. The Complaint outlines your claims and allegations relating to the incident and why you are entitled to compensation. The defendant is served with the Complaint, and given a specified period of time to reply.

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 ask the defendant's attorney questions regarding their perspective on the events, such as the circumstances under which they believe the crash occurred and what injuries you've suffered. We will also seek out expert opinions that will support our stance.

During the process of discovery, your lawyer can make legal motions to the court for a judge to rule on. This can include requests for the court to block certain evidence or set the date for a trial. It can take a year or more to complete the process of discovery and to set the date of trial for your case. This is why it's crucial to work with an experienced Long Island car accident attorney early on in the process.