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The Most Negative Advice We've Ever Received On Auto Accident Claim
The Intake Process for Car Accident Litigation

A lawyer who has experience in litigation involving car accidents will be able to assist you determine the potential strength of your case and the amount of settlement you could get. However this is only possible when you have all the information needed.

The initial step in a car accident lawsuit is called discovery. During this stage, attorneys and their teams will communicate with each other and ask questions under an oath.

Documentation

Documentation is a large element of a car accident. This could include evidence such as photographs, medical records or witness statements. The more evidence you have the more convincing your case will be.

A law enforcement report is the first piece of paper you need. Typically the police officer who comes to the scene of the crash will prepare reports, and these will contain important information about how the crash occurred and who was at fault for the incident.

If needed, your attorney can use a police report to gather additional evidence. If the incident occurred in the workplace such as a place of business employees may have recorded video footage. If this is the case, you should ask for a copy of the footage from the company.

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

You should also try to get the names of witnesses. They can be valuable sources of information for your case, especially in the event that they are able to be a witness in a trial. However, it's important to remember that witnesses may alter their testimony over time and forget details of the incident.


Intake and Investigation

Whether you have made a claim with an insurance company or have started a lawsuit against an at-fault driver, the initial intake process is essential to obtaining full and fair compensation for the accident injuries. Your lawyer will begin by looking over your medical records, as well as obtaining copies accident reports and other evidence. They will also go to and document the accident scene.

This information will enable them to determine the severity of the injuries you've sustained, both in terms actual and projected costs for your physical or emotional suffering. They will then review your existing and expected financial losses to estimate the value of your case. The damages you incur could include not only your present and future medical expenses but also income loss and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also obtain driving and cell phone records of the drivers who were at fault to see how they used their vehicle during the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working while on the job, as this could affect their ability to pay your damages.

In addition to this, your attorney will likely inquire about the defendant's past criminal and traffic offence history as part of the discovery process. Generally, these details are not admissible in court, but they could be helpful to impeach the defendant's credibility during cross examination.

Negotiating a Settlement

After receiving the medical records, it is possible to start settlement negotiations. Initially the insurance company will make an offer that's usually significantly lower than the amount you have requested in the letter. This is an opportunity to determine the credibility of your argument. In the counteroffer, you must be crucial to emphasize the most important arguments for your side - for example, that the insured was at the fault, and that you suffered severe injuries with significant medical expenses. Negotiating back and forth will eventually result in an acceptable and reasonable amount.

An experienced accident lawyer can successfully argue the merits of your case, including presenting evidence supporting your losses. This could include photos of the damage to your vehicle as well as a police report and witness testimony. We also know how to calculate the value of each element of your claim, such as loss of income, pain and suffering.

If at this point the insurance company is still refusing to offer a fair amount, we can choose to make a claim in court. A trial usually lasts between one and two days, and is conducted by jurors or a judge. If your case is settled before reaching this phase the process could take months. Your attorney may also be able to file a summary motion to enter judgment. This involves arguing that all evidence is in your favor, and arguing it's impossible for the opponent to win.

Filing an action

In the majority of car accident cases, the parties can resolve their disagreement without going to court. Our team will work to help you negotiate a settlement with the insurance company of the other driver company, or directly with the person at fault. If an agreement cannot be reached our lawyers will start an action against the defendant. The Complaint will detail your claims and details about how the accident occurred and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain amount of time to respond.

The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their perspective on the events, such as what injuries you've suffered and how they believe it occurred. auto accident lawsuit richmond will also seek out experts to back our assertions.

During the process of discovery, your lawyer can make legal motions to the court for a judge to decide on. This could include requests for the court to exclude certain evidence, or to set the date for a trial. It could take up to a year for the discovery process to be completed and a trial date scheduled. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible in the process.

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