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The Intake Process for Car Accident Litigation

A lawyer who has experience in defending car accident cases will be able to help you determine the potential strength of your case and the amount of settlement you can receive. However it is only possible with all the relevant 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 an integral part of the work in the event of a car crash. This could include evidence such photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case will be.

The first piece of evidence you need is a report from the police. Typically, the police officer who comes to the scene of the accident will prepare a report, and this will give important details about the circumstances of the crash and who was at fault for the incident.

Your lawyer may also utilize the report of a law enforcement officer to obtain additional evidence if required. For example, if the accident happened in a business the employee who worked at that area may have recorded footage of the incident. If this is the case, you must seek a copy from the business.

Note any costs you have incurred as a result of the accident. Document any expenses you incurred due to. This can include medical bills and records of your treatment, receipts from medication rental car expenses home care or assistance, transportation costs, and much more. Additionally, you must record any income loss because of your accident. auto accident law firm wyoming can include old pay stubs, as well as tax returns.

If you can, get the names of witnesses to the accident as well. They may be able to give valuable details, especially if are able to have them be a witness in court. It's important to keep in mind that witnesses may alter their accounts and forget details about the accident over time.

Intake and Investigation

If you have filed an insurance company or are starting a lawsuit against an at-fault driver, the initial intake process is essential for obtaining full and fair compensation for the injuries you sustained in a crash. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports and other evidence. They will also visit and document the scene of the accident.

This information will help them understand the extent of your injuries as well as the future and anticipated costs for your physical and emotional suffering. They will then review your existing and expected financial losses to estimate the value of your case. The damages could include not only your current and future medical costs but also lost income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing all the available evidence. They will also take information about the driving habits and cell phones of the drivers at fault to see how they used their vehicle at that time. This is particularly important if there was a collision with an Uber or Lyft car, or any other indication that the driver was working on the clock.

In addition to this your lawyer will also inquire about the defendant's past criminal and traffic convictions as part of the discovery process. These details are generally not admissible in court but they can be useful to undermine the credibility of a defendant during cross examination.

The process of negotiating a settlement

After you have obtained the medical records then your lawyer will begin negotiations on settlement. In the beginning, the insurance company will offer an offer that is often much lower than what you have requested in the letter. This is a strategy to see how strong your case. In the counteroffer it is important to emphasize the strongest arguments you have in your favor - for example, that the insured was fully at fault and that you suffered severe injuries with significant medical expenses. The process of negotiating back and forth should eventually result in an appropriate and fair amount.

A skilled lawyer for accidents can effectively argue your claim's merits by presenting evidence to justify your losses. This could include photos of the damage to your vehicle or a police report, as well as witness testimony. We also know how to determine the value of various components of your claim, such as loss of income, suffering and pain.

At this point, if the insurance company refuses to provide a reasonable amount, we may choose to make a claim in court. A trial usually lasts between one and two days, and is heard either by either a judge or jury. If your case is settled prior to reaching this phase the process could last months. Or, your lawyer may be in a position to file a motion for summary judgement. This involves asserting all of the evidence to your advantage and arguing that it is impossible for the opposing side to win.


Filing a Lawsuit

In the majority of car accident cases, the parties can settle their disputes outside of court. Our team will assist you in negotiating an agreement with the insurance company of the other driver company or directly with the at-fault party. However, if an agreement is not reached our lawyers will initiate an action against the defendant. The Complaint will contain your claims and allegations relating to the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a specified timeframe to respond to it.

The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will pose questions to the lawyer for the defendant about their view of the events, including what damages you've suffered and what they believe happened. happened. We will also request expert opinions that will support our stance.

During the discovery stage, your lawyer will prepare legal documents referred to as motions in court to be decided by a judge. This may include requests for the court to exclude certain evidence, or to set a trial date. It can take as long as an entire year for the discovery process to be completed and a trial date established. It is imperative to speak with an experienced Long Island auto accident attorney early during the process.

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