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5 Laws That Can Benefit The Auto Accident Claim Industry
The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases will be able to assist you determine the strength of your case and the amount of settlement you could receive. This is only possible if all the information you require is available.

The initial step in a car accident lawsuit is called discovery. During this stage, attorneys and their teams exchange documents and discuss questions under the oath.

auto accident lawyer thousand oaks of the work involved in a car accident investigation is gathering evidence. This could include evidence like photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will become.

The first piece of evidence you need is a police report. The police officer who arrives at the scene of an accident will typically prepare a report. It will give valuable details about the accident and who was responsible for it.

If needed, your attorney can use an investigation report to collect additional evidence. For instance, if the incident occurred in a business, an employee at that location may have recorded video footage of the incident. If this is the case, you should request a copy from the business.

You should also record any expenses you incurred in the aftermath of the accident. This could include medical bills and records of your treatment, medication receipts rental car costs, in-home assistance or care as well as transportation costs. Also, you should document any income lost due to your injury. This can include old pay stubs and tax returns.

You should also try to get the names of witnesses. They might be able to provide valuable details, especially if can convince them to be a witness in court. But, it's important to keep in mind that witnesses can alter their testimony over time and they may forget details about the incident.

Intake and Investigation


The intake process is critical to obtaining fair compensation for your accident injuries, whether you have filed a claim with an insurance company or are suing the responsible party. Your lawyer will begin by reviewing your medical treatment documents, and then obtaining copies accident reports and other evidence. They will also go to the scene of the crash to record and observe what they can.

This information will enable them to assess the severity of the injuries you've suffered as well as the future and current costs for your emotional or physical suffering. They will also review your existing and expected financial losses to determine the value of your case. Your damages may include not just future and present medical expenses, but also your lost income and property damage.

Your lawyer will also investigate the incident, including questioning witnesses and analyzing any evidence. They will also gather the at-fault driver's driving and cell phone records to see how they were using their vehicle at the time of the collision. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working while at work, as it could affect their ability to cover your damages.

In addition your lawyer will also ask questions regarding the defendant's prior criminal and traffic offence history as part of the discovery process. Generally speaking, these facts are not admissible in court, however they can be useful to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you have received your medical records, you can begin negotiations for settlement. The insurance company is likely to make an initial offer that is smaller than the amount that you demanded in your letter. This is a method to test the credibility of your argument. In your counteroffer, it's important to highlight the strongest arguments you have to your advantage. For example, that the insurance company was responsible and that there were severe injuries as well as the medical costs were high. Then, negotiations back and forth will lead to an amount that is both fair and reasonable.

A skilled attorney for accidents can effectively argue the merits of your claim, by presenting evidence to prove your losses. This may include photos of the car damage as well as a police report and witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, pain and suffering.

If, at this point, the insurance company still refuses to offer a reasonable amount, we can choose to bring a lawsuit to court. A trial usually lasts up to two days and is supervised by an individual judge (called a bench trial) or by a jury. If your case settles prior to reaching this stage the process could last months. Your lawyer may also be able file a summary motion to dismiss. This involves asserting that all evidence is in your favour, and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of car accident cases, the parties can settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party who was at fault. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint will list your claims and details about how the crash occurred and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a specific period of time to respond.

During the discovery phase, our attorneys will discuss documents and other evidence with the defendant and ask questions via interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their perspective on events, including how they believe the crash took place and what injuries you've suffered. We will also search for experts to back our assertions.

During the discovery process your lawyer may submit legal documents, also known as motions to the court for a judge to rule on. This could mean asking the court to omit evidence or set a trial date. It can take as long as a year for the discovery process to be completed and a trial date set. It is crucial to talk with an experienced Long Island auto accident attorney early during the process.

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