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The Intake Process for Car Accident Litigation
A lawyer who is specialized in litigation involving car accidents can help you determine how solid your case is, and how much your settlement could be worth. This is only possible if all the information you need is available.
Discovery is the very first step of an auto accident case. During this phase attorneys and their teams will exchange documents and ask questions under an oath.
Documentation
A lot of the work involved in a car wreck case is collecting documentation. This could include evidence such as photographs, medical records, or witness statements. The more evidence you have, the more convincing your case.
The first piece of documentation you should have is a law enforcement report. Typically, the police officer who arrives at the scene of the accident will write the report, and it will give important details about how the accident occurred and who was responsible for the incident.
Your attorney can also use the law enforcement report to obtain additional evidence if required. For example, if the incident occurred in a business or office, an employee working at the location might have recorded video footage of the incident. If this is the case, the tape must be requested from the company as soon as possible.
Record any expenses you have incurred as a result of the accident. Document all expenses you have incurred as a result of. This could include medical bills and records for your treatment, receipts for medications rental car charges home care or assistance as well as transportation costs and much more. Additionally, you must keep track of any income loss due to your injury. This could include old pay stubs and tax returns.
It is also advisable to get the names of witnesses. They may be able to provide valuable information, especially if you can get them to give evidence in court. It is important to remember that witnesses can alter their accounts and forget details about the accident over time.
Intake and Investigation
The process of intake is crucial to obtaining an adequate amount of compensation for your injuries from an accident, whether you have filed an insurance claim or are suing the party at fault. Your attorney will begin by reviewing your medical records and then obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the accident.
This information will assist them know the extent of your injuries as well as the future and anticipated costs for your emotional and physical suffering. Then, they'll review your financial losses in order to determine the value of your case. The damages could include not only current and future medical expenses, but also loss of income as well as property damage.
Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and reviewing any available evidence. They will also obtain data from the cell phone and driving records of the driver at fault in order to determine if they were using their vehicle during the time. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle or any other evidence that suggests the driver was on the clock.
As part of the discovery procedure as part of the discovery process, your lawyer will ask about the defendant's criminal and traffic record of offenses. These details are typically not admissible, but can be used to undermine the defendant's credibility in cross-examination.
The process of negotiating a settlement
After you have obtained the medical records after which your lawyer can start negotiations on settlement. Initially the insurance company may make an offer that is usually much lower than what you request in the letter. This is a method to see how strong your argument is. When you counteroffer, it's essential to highlight the most compelling points you have in your favor. For instance, you could argue that the insurer was responsible and that there were serious injuries as well as expensive medical expenses. Eventually, back and forth bargaining will lead to an amount that is both reasonable and fair.
auto accident lawsuit indiana can successfully argue the merits of your claim, including presenting evidence to support your losses. This could include photos of vehicle damage, police reports or witness testimony. We have the ability to calculate the various components of your claim, including lost income along with pain and suffering as well as a police reports.
If the insurance company refuses to pay an appropriate amount at this point, we could file a lawsuit. A trial usually lasts between one and two days, and is heard either by a judge or a jury. If your case is settled before this point it could take several months. Alternatively, your attorney may be capable of filing a motion for summary judgment. This is a way of claiming that all evidence is in your favor, and arguing that it's impossible to allow the opposing side to win.
Filing a Lawsuit
In the majority of car crash cases, the parties can resolve their disagreement without the need for court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company or directly with the person at fault. If an agreement is not reached, our lawyers will file a suit against the defendant. The Complaint outlines your claims and allegations relating to the accident and why you are entitled to compensation. The defendant is served the Complaint, and given a set amount of time to answer.
The discovery stage is when our lawyers and the defendant begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will be asking questions to the defendant's lawyer about their view of the events, including the injuries you've sustained and how they believe it took place. We will also seek out expert opinions to support our position.
During the discovery phase, your lawyer could file legal documents known as motions with the court for the decision of an individual judge. This can include requests for the court to block certain evidence or to set an appointment for trial. It can take up to an entire year for the discovery process to be completed and a trial date to be set. This is why it's crucial to find a knowledgeable Long Island car accident attorney early on in the process.
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