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The Most Significant Issue With Auto Accident Claim And How You Can Resolve It
The Intake Process for Car Accident Litigation

A lawyer that specializes in the field of car accident litigation can help you determine how solid your case is and also how the settlement you receive could be worth. This is only possible when all the information you need is available.

Discovery is the first step of a car accident case. During this phase attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

A significant portion of the work involved in a car crash investigation is gathering evidence. 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 case will be.

A law enforcement report is the first document you should have. The police officer who arrives at the scene of an accident will usually prepare a report. This will provide valuable information regarding the accident as well as who was responsible.

Your lawyer may also utilize an official report from law enforcement to pursue additional evidence if necessary. If the incident occurred in a place of business for instance, an employee may have recorded video footage. If this is the case, you should seek a copy from the business.

You should also keep track of the expenses you incur due to the accident. This can include medical bills and records of your treatment, receipts for medication rental car expenses and in-home assistance or care, transportation costs, and much more. It is important to record the loss of income due to your accident. You can use tax returns and pay stubs.

It is also advisable to obtain the names of witnesses. They can be valuable sources of information for your case, especially if they are able to be a witness in a trial. It's important to remember that witnesses may alter their narratives and forget specifics regarding the accident as time passes.

Intake and Investigation

If you've made an insurance claim with an firm or are beginning an action against the at-fault driver, the process of intake is essential to receive the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will start by reviewing your medical treatment records, obtaining copies of accident reports and other available evidence. They will also visit and document the accident scene.

This information will assist them understand the extent of your injuries both in terms of future and projected costs for your emotional and physical suffering. Then, they will review your current and future financial losses in order to determine the value of your case. The damages you suffer could include not just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing all available evidence. They will also take information about the driving habits and cell phones of the driver at fault in order to determine if they were using their vehicle at the time. This is particularly important if there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was working around the clock.

In addition to this your attorney may ask questions about the defendant's previous criminal and traffic convictions as part of the discovery process. These details are typically not admissible, but they could be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement


After you have received your medical records, you're able to start settlement negotiations. The insurance company will typically make an initial offer that is smaller than the amount that you demanded in your letter. This is a way to assess how strong your case is. When you counteroffer, it's crucial to emphasize the most important points that you have in your favor. For instance, if you claim that the insurer was responsible and that there were serious injuries as well as significant medical expenses. Eventually, negotiations back and forth will lead to an amount that is reasonable and fair.

An experienced accident lawyer can successfully argue your claim's merits by presenting evidence to justify your losses. This may include photos of the car's damage, a police report and witness testimony. We also know how to determine the value of each element of your claim, such as loss of income, suffering and pain.

If at auto accident attorneys pasadena refuses to offer a reasonable amount, we can choose to file a lawsuit in court. A trial typically lasts between one and two days and is conducted by jurors or a judge. If your case settles before this stage it can take a few months. Your attorney may also be able file a summary motion to dismiss. This is a way of claiming that all evidence is in your favor and arguing that it's impossible to allow the other side to win.

Filing a Lawsuit

In a majority of car accident cases parties are able to settle their dispute out of court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company or directly with the party at fault. If a settlement isn't reached, our lawyers will file a lawsuit against the defendant. The Complaint will outline your claims and allegations about the cause of the crash and the reason you should be compensated. The defendant is served with the Complaint and given a specified amount of time to respond.

During the discovery phase, our attorneys will exchange documents and other materials with the defendant and ask questions through interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, such as what they believe happened, how they believe it occurred and the injuries you've sustained. We will also request expert opinions that support our position.

During the discovery phase, your lawyer could file legal documents known as motions with the court to be decided by the judge. This could mean asking the court to omit evidence or to schedule a trial. It can take up an entire year for the discovery process to be completed and a trial date scheduled. This is the reason it's essential to consult with a seasoned Long Island car accident attorney early on in the process.

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