Notes

A Look At The Ugly Real Truth Of Auto Accident Claim
The Intake Process for Car Accident Litigation

A lawyer who has experience in the field of car accident litigation will be able to help you determine the strengths of your case as well as what settlement amount you might receive. But it is only possible when you have all the information needed.


The initial step in a car accident lawsuit is known as discovery. In this phase, 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 documentation. This may include evidence such as photographs, medical records or witness statements. The more documentation that you have the more convincing your case will be.

A law enforcement report is the very first document you need. The police officer who arrives at the scene of an accident will usually write a report. This will provide valuable information about the accident and who was responsible for it.

Your lawyer can also make use of an official report from law enforcement to gather additional evidence, if needed. For example, if the incident occurred at a company where employees were present, the area may have recorded footage of the incident. If this is the case, you should ask for a copy of the footage from the business.

Keep track of any expenses you incur due to the accident. Document any expenses you incurred due to. This could include medical bills and records for your treatment, receipts for medications rental car costs home care or assistance as well as transportation costs and more. In addition, you should note any income loss due to your injury. You can use old tax returns and pay stubs.

If you can, collect the names of any witnesses to the accident as well. They might be able to give valuable information, especially if are able to have them testify in court. But, it's important to remember that witnesses can change their stories over time and they may forget details about the accident.

Intake and Investigation

The process of intake is vital to receiving an adequate amount of settlement for your accident-related injuries, whether you have submitted an insurance claim or are suing the responsible party. auto accident lawyer yonkers will begin by reviewing your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also visit the site of the accident to observe and document what they can.

This information will enable them to comprehend the extent of the harm you've suffered as well as the future and current costs for your emotional or physical suffering. They will then look over your financial losses to estimate the total value of your case. The damages could comprise not only your current and future medical costs as well as lost income and property damage.

Your lawyer will also conduct an investigation and interview witnesses and reviewing all available evidence. They will also take information about the driving habits and cell phones of the at-fault drivers to determine how they used their vehicle at that time. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working, as this could impact their ability to pay for your damages.

As part of the process of discovery as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal offense records. Generally speaking, these facts are not admissible in court but they can be useful to discredit the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After receiving the medical records, it is possible to start settlement negotiations. The insurance company is likely to make an initial offer that is less than what you requested in your letter. This is a method to determine how strong your case is. In the counteroffer, it is important to highlight the strongest arguments for your side - for instance, that the insured was completely at blame and that you were afflicted with severe injuries with significant medical expenses. Eventually, bargaining back and forth will lead to an amount that is both fair and reasonable.

An experienced accident lawyer can successfully argue for your claim's merits, including presenting evidence to back your losses. This may include photos of the car's damage as well as a police report and witness testimony. We also know how to determine the value of each element of your claim, like loss of income, suffering and pain.

If, at this point, the insurance company refuses to offer a fair amount, we have the option to file a lawsuit in court. 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 this phase it could take several months. Your attorney might also be able file a summary judgment motion. This involves asserting all of the evidence in your favor and arguing that it is impossible for the other side to win.

Filing an action

In the majority of car accident instances, parties can settle their disputes without the need for court. Our team will help you negotiate an agreement with the other driver's insurance company, or directly with the at-fault party. If an agreement is not reached, our lawyers will initiate a lawsuit against the defendant. The Complaint will outline your claims and details about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint, and given a specified period of time to reply.

During the discovery phase, our attorneys will exchange documents and other information with the defendant and ask questions via interrogatories and depositions. Our team will ask the defendant's attorney questions about their view of events, focusing on what they believe happened during the crash, as well as how they think it occurred and the injuries you have suffered. We will also seek out expert opinions that support our position.

During the discovery process your lawyer may submit legal documents known as motions to the court to a judge's decision on. This can include requests for the court to omit certain evidence or set a trial date. It can take a whole year or more to complete the discovery process and establish the date of trial for your case. It is essential to speak with an experienced Long Island auto accident attorney early during the process.

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