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How To Explain Auto Accident Claim To A 5-Year-Old
The Intake Process for Car Accident Litigation

A lawyer who is experienced in car accident litigation will be able to help you determine the worth of your case and how much settlement you could receive. This is only possible if all the information you require is available.

Discovery is the first step of an auto accident case. During this stage, attorneys and their teams exchange documents and discuss questions under oath.


Documentation

Documentation is a significant element of an accident. This could include evidence such as photographs, medical records, or witness statements. Generally, the more documentation you have to back your claim the stronger your argument will be.

A law enforcement report is the first document you should have. The police officer who arrives at the scene is likely to prepare a written report. It will provide important details about the accident and the person responsible for it.

If needed your attorney has to use the police report to gather additional evidence. If the accident occurred in a place of business for instance an employee could have recorded video footage. If that's the case, the tape should be requested from the business as soon as is possible.

Note any costs you have incurred as a result of the accident. Document any expenses you incurred due to. This could include medical bills and records of your treatment, receipts from medications rental car expenses for in-home assistance, care at home expenses for transportation, and more. Additionally, you must record any income loss as a result of your accident. This can include old pay slips and tax returns.

If you can, get the names of witnesses to the accident as well. These people may be able to provide important information, especially if can convince them to testify in court. It is important to remember that witnesses could alter their story and forget details about the accident over time.

Intake and Investigation

If you've filed an insurance company or are starting an action against an at-fault driver, the process of intake is crucial to getting the fair and complete compensation you deserve for your injuries from a crash. Your attorney will begin by looking over your medical records, and obtaining copies accident reports and other evidence. They will also visit the scene of the crash to take note of what they can.

auto accident lawyer tampa will help them to assess the severity of the injuries you've suffered, both in terms current and projected costs for your emotional or physical suffering. Then, they will look at your current and future financial losses to determine the worth of your case. The damages you incur could include not just your current and future medical expenses as well as lost income and property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any evidence. They will also collect driving and cell phone records of the driver at fault in order to see how they used their vehicle at that time. This is particularly important if there was a collision that involved an Uber or Lyft car, or any other indication that the driver was working on the clock.

As part of the process of discovery, your lawyer will also ask about the defendant's traffic and criminal record of offenses. These details are generally not admissible in court but they could be helpful to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

Once you have the medical records then your lawyer will begin negotiations on settlement. Initially, the insurance company will offer an offer that is often substantially lower than the amount you requested in your letter. This is a way to test the strength of your case. In the counteroffer, it's important to highlight the strongest arguments for your side - for example, the insured was fully at the fault and that you sustained serious injuries that resulted in the highest medical costs. Negotiating back and forth will eventually lead to a fair and reasonable amount.

An experienced attorney can successfully argue the merits of your claim, including presenting evidence to support your losses. This could include photos of the damage to your vehicle or a police report, as well as witness testimony. We also know how to determine the value of each element of your claim, such as lost income and suffering and pain.

If the insurance company is unwilling to pay an acceptable amount at this point, we could bring a lawsuit. A trial usually lasts between one and two days, and is heard either by an attorney or a jury. If your case is settled before reaching this phase it could take months. Your attorney may be capable of filing an application for summary judgment. This is a way of claiming that all evidence is in your favour, and arguing it's impossible for the opposition to win.

Filing an action

In the majority of car accident cases, the parties are able to resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver who was at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will list your assertions and allegations regarding how the accident occurred and why you are entitled to compensation. The defendant is served the Complaint and given a specific time frame to respond.

The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their view of the events, including the injuries you have suffered and the way they believe it occurred. We will also seek out expert opinions that support our position.

During the discovery process your lawyer could submit legal documents known as motions to the court for a judge's ruling on. This can include requesting the judge to exclude evidence or set a trial date. It could take a year or more to complete the discovery process and set a trial date for your case. This is why it's vital to work with an experienced Long Island car accident attorney early on in the process.

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