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The Intake Process for Car Accident Litigation

A lawyer who specializes in litigation involving car accidents can assist you in determining how strong your case is and also how much your settlement could be worth. But it is only possible if you have all the necessary information.

The first step in a car crash lawsuit is known as discovery. In auto accident law firm irving and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is an integral component of an accident. This can include evidence like medical records, photos, or witness statements. In general, the more evidence you have to support your claim, the more convincing your claim will be.

A law enforcement report is the first document you should have. The police officer who arrives at the scene of the accident is likely to prepare a written report. This report will provide important information about the accident and who was responsible.

Your lawyer can also make use of a law enforcement report to gather additional evidence, if needed. For instance, if the incident occurred at a company where employees were present, the site might have recorded footage of the incident. If this is the case, request a copy from the business.

You should also keep track of any expenses you incurred due to the accident. This could include medical bills as well as records of your treatment, medication receipts rental car costs and in-home care or assistance, transportation costs and more. In addition, you should keep track of any income loss 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 accident as well. They may be able to provide valuable information, especially if you can get them to appear in court. It's important to remember that witnesses can alter their narratives and forget specifics regarding the accident as time passes.

Intake and Investigation

If you have filed an insurance company or have started legal action against a negligent driver, the intake process is essential for obtaining the fair and complete compensation you deserve for the injuries you sustained in a crash. Your attorney will begin by examining your medical records and then obtaining copies of accident reports and other evidence. They will also visit and document the scene of the accident.

This will help them know the extent of your injuries in relation to future and projected costs for your physical and emotional suffering. They will also review your existing and expected financial losses to determine the value of your case. Your damages may include not only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation and interview witnesses and reviewing all available evidence. They will also gather the driver at fault's driving records and phone records to determine how they were using their vehicle at the time of the crash. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was on the job, since it could affect their ability to pay for your damages.

As part of the discovery procedure, your lawyer will also inquire about the defendant's criminal and traffic offence records. These information is generally not admissible, but can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

After obtaining the medical records then your lawyer will begin negotiations for settlement. The insurance company may make an initial offer that is much less than what you requested in your letter. This is a method to test the strength of your case. In the counteroffer, it is important to emphasize the strongest points in your favor - for example, the insured was entirely at blame and that you were afflicted with severe injuries with significant medical expenses. Eventually, negotiations back and forth should get you to an amount that is reasonable and fair.

A skilled accident attorney can effectively argue the merits of your case, including presenting evidence supporting your losses. This could include photos of the damage to your vehicle or a police report, as well as witness testimony. We can calculate various aspects of your claim such as loss of income, pain and suffering and police report.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we could make a claim. A trial typically lasts between one and two days, and is heard either by jurors or a judge. If your case is settled prior to this phase it can take a few months. Your attorney may be eligible to file an application for summary judgment. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to prevail.


Filing a Lawsuit

In a majority of car accident cases parties are able to settle their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault. However, if there is no agreement the lawyers of our firm will start a lawsuit against the defendant. The Complaint will include your claims and allegations regarding how the crash occurred and why you deserve compensation. The defendant will be served the Complaint and given a particular amount of time to respond to it.

During the discovery phase, our lawyers will share documents and other material with the defendant, while asking questions via interrogatories and depositions. Our team will pose questions to the lawyer representing the defendant about their view of the events, such as what injuries you have suffered and how they believe it happened. We will also look for experts to back our claims.

During the discovery process, your lawyer may make legal motions to the court for a judge's ruling on. This may include requests for the court to exclude certain evidence or to schedule an appointment for trial. It can take up to an entire year for the discovery process to be completed and a trial date scheduled. This is the reason it's essential to partner with an experienced Long Island car accident attorney at the beginning of the process.

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