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The Intake Process for Car Accident Litigation
A lawyer that specializes in the area of car accident litigation will help you determine how solid your case is and how the settlement you receive could be worth. But this is only feasible with all the relevant information.
The first step in a car crash lawsuit is known as discovery. During this stage, attorneys and their teams will exchange documents and discuss questions under the oath.
Documentation
Documentation is an integral component of the event of a car crash. This could include evidence like photos, medical records, or witness statements. The more documentation that you have, the better your case will be.
A law enforcement report is the very first document you need. The police officer who arrives at the scene of an accident is likely to prepare a written report. This report will provide important details about the incident and who was responsible for it.
Your attorney may also make use of the report of a law enforcement officer to pursue additional evidence if required. For example, if the incident took place in a commercial, an employee at that location might have recorded video footage of the incident. If this is the situation, the tape should be requested from the business as quickly as it is possible.
Record any expenses you have incurred in the aftermath of the accident. Document any expenses you incurred due to. This could include medical bills and records of your treatment, receipts for medicines rental car charges home care or assistance transport costs, and more. It is also important to document any income you lose due to your accident. You can use old tax returns and pay stubs.
It is also advisable to get the names of witnesses. They may be able to provide important details, especially if can get them to give evidence in court. However, it is important to remember that witnesses can alter their accounts over time, and forget details of the incident.
Intake and Investigation
If you have made a claim with an insurance company or have started an action against the at-fault driver, the intake process is essential to obtaining an adequate and fair settlement for the injuries you sustained in a crash. Your attorney will begin by looking over your medical records, obtaining copies of accident reports, as well as other evidence. They will also go to the scene of the accident to observe and document what they can.
This will allow them to understand the extent of the injuries you've sustained in terms of cost and projections for your physical or emotional suffering. Then, they will 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 your loss of income and property damage.
Your lawyer will also investigate the incident, including interviewing witnesses and reviewing any available evidence. They will also gather the at-fault driver's driving and cell phone records to see how they used their vehicle at the time of the crash. This is especially important if there was a collision that involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working on the clock.
As part of the discovery procedure the lawyer will ask about the defendant's traffic and criminal conviction records. These facts are usually 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, it is possible to begin negotiations for settlement. Initially the insurance company will present an offer which is usually significantly lower than the amount you requested in your letter. This is a strategy to assess how strong your argument is. In your counteroffer it is important to highlight the strongest points you have to your advantage. For instance, you could argue that the insurer was in the wrong and that there were serious injuries and the medical costs were high. In the end, a lot of negotiations back and forth will lead to an amount that is reasonable and fair.
An experienced accident lawyer will effectively argue the merits of your claim, including presenting evidence to support your losses. This may include photos of the damage to your vehicle as well as a police report and witness testimony. We have the ability to calculate various elements of your claim like loss of income as well as pain and suffering, and police reports.
At this point, if the insurance company refuses to provide a reasonable amount, we may choose to bring a lawsuit to court. A trial typically lasts one or two days and is supervised by a judge (called a bench trial) or jurors. If your case settles prior to reaching this phase the process could last months. Your lawyer may also be able file a summary judgment motion. This involves asserting that all evidence is in your favor, and arguing that it's impossible to allow the other side to prevail.
Filing a Lawsuit
In the majority of car crash cases, the parties are able to settle their disputes outside of court. auto accident lawsuit pharr can assist you negotiate with the insurance company of the other driver or directly with the driver who is at fault. If an agreement is not reached Our lawyers will start a lawsuit against the defendant. The Complaint will detail your claims and details about the cause 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 phase is where our attorneys and the defendant will begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, focusing on what they believe happened, how they believe it took place and what injuries you've sustained. We will also look for expert opinions to support our assertions.
During the discovery process, your lawyer may submit legal documents known as motions to the court to a judge's decision on. These could include requests to the court to omit certain evidence or to schedule an appointment for trial. It can take as long as an entire year for the discovery process to be completed and a trial date established. It's crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point in the process.
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