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The Intake Process for Car Accident Litigation
An experienced lawyer in defending car accident cases will be able to help you determine the strengths of your case as well as the amount of settlement you could get. This is only possible when all the information you require is available.
The initial step in a lawsuit involving a car accident is known as discovery. In this phase, attorneys and their teams will exchange documents and discuss questions under an oath.
Documentation
Documentation is a significant element of an accident. This can include evidence like photos, medical records, or witness statements. Generally, the more documentation you can provide to support your claim, the more convincing your claim will be.
A law enforcement report is the very first document you should have. Typically the police officer who arrives at the scene of the crash will prepare the report, and it will contain important information about how the accident occurred and who was at fault for the incident.
Your attorney can also use a law enforcement report to gather additional evidence, if needed. For instance, if an incident occurred in a business, an employee at that area may have recorded video footage of the incident. If that's the case, a copy of the tape should be requested from the company as soon as it is possible.
Document any expenses you incurred because of the accident. Record any costs you incur due to. This could include medical bills and records of your treatment, receipts for medications rental car expenses home care or assistance, transportation costs, and much more. It is also important to document the loss of income 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. They might be able provide valuable information, particularly if you are able to have them appear in court. It's important to remember that witnesses could alter their accounts and forget details about the incident over time.
Intake and Investigation
The process of intake is crucial to obtaining fair compensation for your injuries from an accident regardless of whether you've filed an insurance claim or are suing the party at fault. auto accident law firm yuma will begin by reviewing your medical records and then obtaining copies accident reports and other evidence. They will also visit and document the accident scene.
This will help them know the extent of your injuries, both in terms of future and current costs for your physical and emotional suffering. They will then analyze your financial losses to determine the total value of your case. The damages could include not only current and future medical expenses, but also lost income and property damage.
Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing any available evidence. They will also take the driver at fault's driving and phone records to determine what they were doing with their vehicle at the time of the accident. This is especially important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while working, as it could affect the ability of them to pay damages.
Additionally your lawyer will also inquire about the defendant's past criminal and traffic offence history during the discovery process. These details are generally not admissible, but they could be used to undermine the defendant's credibility in cross-examination.
The process of negotiating a settlement
After you have received your medical records, you are able to start settlement negotiations. The insurance company will typically make an initial offer that is smaller than the amount that you demanded in your letter. This is a way to assess the strength of your argument. In the counteroffer, you must be important to highlight the strongest points in your favor - for instance, that the insured was completely at the fault, and that you suffered severe injuries with high medical expenses. Negotiating back and forth will eventually result in a fair and reasonable amount.
An experienced attorney can effectively argue for the merits of your claim including presenting evidence to support your losses. This could include photos of vehicle damages, police reports and witness testimony. We also know how to determine the value of various elements of your claim, like loss of income, suffering and pain.
If the insurance company is unwilling to pay a reasonable amount at this point, we can make a claim. A trial usually lasts for one or two days and is usually ruled by a judge (called a bench trial) or by jurors. If your case is settled before this point, it can take several months. Your attorney may be able to file a motion for summary judgement. This involves asserting all of the evidence in your favor and arguing that it's impossible for the opposing side to win.
Filing an action
In the majority of car crash cases, the parties can settle their dispute outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. If an agreement is not reached the lawyers of our firm will bring a lawsuit against the defendant. The Complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a set period of time to reply.
During the discovery phase, our lawyers will discuss documents and other material with the defendant while asking questions via interrogatories and depositions. Our team will ask questions to the lawyer representing the defendant about their interpretation of the events, focusing on what injuries you've suffered and how they believe it took place. We will also look for experts to back our position.
During the discovery process your lawyer may submit legal documents known as motions to the court for a judge to decide on. This could include requests for the court to block certain evidence or to schedule an appointment for trial. It could take a year or more to complete the discovery process and set a trial date for your case. This is the reason it's essential to find a knowledgeable Long Island car accident attorney at the beginning of the process.
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