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The Intake Process for Car Accident Litigation
A lawyer with experience in litigation involving car accidents will be able to assist you determine the strengths of your case as well as how much settlement you could get. This is only possible if all the information you need is available.
The initial step in a car crash lawsuit is called discovery. During this stage, attorneys and their teams exchange documents and discuss their respective cases under an oath.
Documentation
Documentation is a large component of a car accident. This could include evidence such medical records, photos or witness statements. The more documentation that you have the more convincing your case will be.
A law enforcement report is the very first document you should have. Typically, the police officer who comes to the scene of the accident will draft a report, and this will provide crucial information on the circumstances of the crash and who was at fault for the incident.
Your lawyer may also utilize the law enforcement report to gather additional evidence, if needed. If the incident occurred in a place of business such as a place of business an employee might have recorded video footage. If this is the case, the tape should be requested from the business as soon as it is possible.
Document any expenses you incurred because of the accident. Record any costs you incur due to. This can include medical bills or records of treatment, receipts from medication rental car fees, in-home assistance or care as well as transportation costs. In addition, you should record any income loss as a result of your accident. You can use old tax returns and pay stubs.
You should also obtain the names of witnesses. They might be able to give valuable details, especially if are able to have them testify in court. It's important to remember that witnesses may change their story and forget details about the incident over time.
Intake and Investigation
If you've made an insurance company or have started an action against the at-fault driver, the intake process is crucial to getting the fair and complete compensation you deserve for the accident injuries. Your attorney will start by looking through your medical documents, and then obtaining copies accident reports and other evidence. They will also visit the site of the accident to observe and document what they can.
This will help them determine the extent of your injuries both in terms of current and projected future costs for your physical and emotional suffering. Then, auto accident attorney bryan 'll review your financial losses to determine the worth of your case. The damages you suffer could include not only future and ongoing medical expenses, but also lost income and property damage.
Your lawyer will also conduct an investigation the incident, including speaking with witnesses and reviewing all available evidence. They will also collect the driver who was at fault and their driving 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 involving an Uber or Lyft vehicle or any other evidence that suggests the driver worked while on the clock.
As part of the discovery procedure the lawyer will inquire about the defendant's criminal and traffic record of offenses. These details are generally not admissible, but can be used to undermine the credibility of the defendant during cross-examination.
Negotiating a Settlement
Once you have the medical records, you are able to begin settlement negotiation. The insurance company will often make an initial offer that is less than the amount you requested in your letter. This is a method to assess how strong your case. When you counteroffer, it's essential to highlight the most compelling points you have in your favor. For example, the insurer was in the wrong and that there were serious injuries as well as expensive medical expenses. In the end, the back and forth negotiation will lead to an amount that is fair and reasonable.
An experienced accident lawyer can effectively argue for the merits of your claim including presenting evidence supporting your losses. This could include photos of the car damage as well as a police report and witness testimony. We also know how to calculate the value of different elements of your claim, such as loss of income, pain and suffering.
At this point, if the insurance company continues to refuse to provide a reasonable amount, we may choose to start a lawsuit in the courtroom. A trial typically lasts between one and two days, and is ruled on by a judge or a jury. If your case is settled before this point it could take several months. Your attorney may be in a position to file an application for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the opposing side to prevail.
Filing an action
In a majority of car accident cases the parties are able to settle their disputes outside of court. Our team will assist you in negotiating a settlement with the other driver's insurance company or directly with the person at fault. However, if an agreement is not reached our lawyers will file an action against the defendant. The Complaint will include your claims and details about the circumstances of the crash and why you are entitled to compensation. The defendant will be served the Complaint and given a certain amount of time to respond.
During the discovery phase, our lawyers will share documents and other information with the defendant, while asking questions through interrogatories and depositions. Our team will ask the defendant's attorney questions about their view of the events, such as what they believe happened during the crash, as well as how they think it occurred and what injuries you've sustained. We will also search for expert opinions to support our claims.
During the discovery process, your lawyer could submit legal documents, also known as motions to the court for a judge's ruling on. This may include requests for the court to omit certain evidence or set the date for a trial. It could take up to a year for the discovery process to be completed and a trial date established. It is essential to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.
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