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The Intake Process for Car Accident Litigation
A lawyer who is experienced in litigation involving car accidents can help you determine the strength of your case and how much settlement you could receive. However this is only feasible if you have all the necessary information.
Discovery is the very first step of an auto accident case. During this stage, attorneys and their teams discuss documents and answer questions under the oath.
Documentation
Documentation is an integral aspect of the investigation in an auto accident. This may include evidence like medical records, photos, or witness statements. The more evidence you have, the more convincing your case will be.
A police report is the first piece of paper you should have. Typically, the police officer who arrives at the scene of the accident will prepare reports, and these will provide crucial information on how the accident occurred and who was responsible for the incident.
If needed your lawyer has the option of using an investigation report to collect additional evidence. For example, if the incident occurred in a business, an employee at that location might have recorded video footage of the incident. If that's the case, the tape should be requested from the company as soon as is possible.
You should also document the expenses you incur in the aftermath of the accident. This could include medical expenses, records of your treatment, receipts from medication rental car fees for in-home assistance, care at home as well as transportation costs. You should also document any income lost due to your accident. This could include old pay stubs as well as tax returns.
If you are able to, request the names of any witnesses to the incident as well. They could be valuable sources of information for your case, particularly in the event that they are able to give evidence at trial. It's important to keep in mind that witnesses can alter their accounts and forget details regarding the accident as time passes.
Intake and Investigation
Whether you have filed a claim with an insurance company or have started an action against the at-fault driver, the process of intake is essential for obtaining the full and fair amount of compensation for the accident injuries. Your lawyer will begin by reviewing your medical documents, and then obtaining copies accident reports, and other evidence. They will also visit the scene of the crash to take note of what they can.
This will help them understand the extent of your injuries, both in terms of current and projected future costs for your emotional and physical suffering. Then, they'll review your financial losses in order to determine the worth of your case. Your damages may include not only current and future medical expenses, but also loss of income and property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any available evidence. auto accident law firm tyler will also gather the driver at fault's driving records and cell phone records to see the way they used their vehicle at the time of the accident. This is especially important if there was a collision that involved an Uber or Lyft vehicle or any other evidence that suggests the driver worked while on the clock.
In addition to this your lawyer will also inquire about the defendant's past criminal and traffic convictions in the discovery process. These facts are usually not admissible but could be used to undermine 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 will often make an initial offer that is much smaller than the amount that you demanded in your letter. This is a method to test how convincing your argument is. In the counteroffer, it's important to highlight the strongest arguments you have in your favor - for example, the insured was completely at the fault and that you sustained severe injuries with the highest medical costs. Negotiating back and forth could eventually result in a fair and reasonable amount.
A skilled accident lawyer can effectively argue your claim's merits including presenting proof to support your losses. This may include photos of the car's damage as well as a police report and witness testimony. We have the ability to determine the various elements of your claim like loss of income as well as pain and suffering, and police report.
If the insurance company refuses to pay an acceptable amount at this point, we can bring a lawsuit. A trial usually lasts one or two days and can be heard by an individual judge (called a bench trial) or by a jury. If your case is settled prior to this stage it could take a few months. Your attorney may also be able file a summary motion for judgment. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the other side to prevail.
Filing a Lawsuit
In the majority of car crash instances, parties can settle their disputes without the need for court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. However, if an agreement cannot be reached the lawyers of our firm will start a lawsuit against the defendant. The Complaint contains your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a certain amount of time to respond to it.
During the discovery phase, our lawyers will discuss documents and other information with the defendant and ask questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions about their version of events, focusing on how they believe the crash happened and what injuries you have suffered. We will also search for expert opinions to support our assertions.
During the discovery stage, your lawyer will file legal documents known as motions with the court to be ruled on by the judge. This could include asking the court to omit evidence or to schedule a trial. It can take up to a year for the discovery process to be completed and a trial date scheduled. It is essential to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.
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