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The Intake Process for Car Accident Litigation

An experienced lawyer in defending car accident cases can help you determine the worth of your case and how much settlement you could receive. However it is only possible when you have all the relevant information.

Discovery is the first step of an auto accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under the oath.

Documentation

The majority of the work involved in a car accident case is obtaining documentation. This could include evidence such photographs, medical records, or witness statements. The more documentation that you have, the more convincing your case.

A law enforcement report is the first document you need. Typically the police officer that arrives at the scene of the accident will prepare a report, and this will contain important information about the circumstances of the crash and who was at fault for the incident.

Your lawyer can also make use of an official report from law enforcement to obtain additional evidence if required. If the accident happened in the business environment for instance employees may have recorded video footage. If this is the case, the tape must be requested from the business as soon as is possible.

You should also keep track of any expenses you incurred due to the accident. This could include medical expenses and records of your treatment, receipts from medication rental car expenses as well as in-home assistance or care expenses for transportation, and more. It is important to record any income you lose due to your accident. This can include old pay slips and tax returns.

You should also try to find the names of witnesses. They could be important sources of information in your case, especially those who are able to give evidence at trial. It's important to keep in mind that witnesses may change their stories and forget details about the incident as time passes.

Intake and Investigation

If you've filed a claim with an insurance company or are preparing an action against an at-fault driver, the intake process is essential to receive the full and fair amount of compensation for your injuries from a crash. Your attorney will begin by reviewing your medical records and then obtaining copies accident reports and other evidence. They will also visit the site of the accident to document and observe what they can.

This information will help them know the extent of your injuries in relation to current and projected future costs for your emotional and physical suffering. Then, auto accident lawyer paterson 'll review your financial losses in order to determine the worth of your case. Damages could comprise not only your current and future medical costs but also lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and reviewing all available evidence. They will also collect the driver who was at fault and their driving phone records to determine the way they used their vehicle at the time of the collision. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while on the job, as this could affect the ability of them to pay damages.

In addition the lawyer may inquire about the defendant's previous criminal and traffic offense history during the discovery process. These details are generally not admissible, however they can be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After receiving the medical records, you are able to start settlement negotiations. In the beginning, the insurance company may make an offer that is usually significantly lower than the amount you demand in the letter. This is a method to test the credibility of your argument. When you counteroffer, it's essential to highlight the most compelling arguments in your favor. For example, that the insurance company was in the wrong and that there were severe injuries and expensive medical expenses. Eventually, the back and forth negotiation will lead to an amount that is reasonable and fair.


An experienced attorney can effectively argue the benefits of your claim, including presenting evidence to support your losses. This could include photos of the car damages, police reports and witness testimony. We also know how to determine the value of each element of your claim, including lost income and suffering and pain.

If the insurance company refuses to pay an acceptable amount at this point, we could start a lawsuit. A trial typically lasts one or two days and is either heard by an individual judge (called a bench trial) or by a jury. If your case settles prior to this phase it could take a few months. Your attorney may also be able file a summary motion to enter judgment. This is a way of claiming that all evidence is in your favor and arguing it's impossible for the opposition to prevail.

Filing a Lawsuit

In a majority of car accident cases the parties can settle their dispute out of court. Our team will assist you in negotiating a settlement with the other driver's insurance company, or directly with the party at fault. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint will list your assertions and allegations regarding the circumstances of the crash and the reason you should be compensated. The defendant will be served with the Complaint and given a particular amount of time to respond.

The discovery stage is when our lawyers and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of the events, including how they believe the crash took place and what injuries you've suffered. We will also seek out expert opinions to support our assertions.

During the discovery phase, your lawyer could prepare legal documents referred to as motions with the court for the decision of an individual judge. This can include requests for the court to omit certain evidence or set a trial date. It could take up to an entire year for the discovery process to be completed and a trial date to be set. It's crucial to consult with an experienced Long Island auto accident attorney early in the process.

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