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5 Laws That Will Help The Auto Accident Claim Industry
The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to help you determine the strengths of your case as well as what settlement amount you might receive. But, this is only possible if you have all the information needed.

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

Documentation

A lot of the work involved in a car crash investigation is gathering evidence. This could include evidence such photographs, medical records, or witness statements. The more evidence you can provide to support your claim the more convincing your argument will be.

A police report is the first piece of paper you need. The police officer who arrives at the scene of an accident will usually prepare a report. This will provide valuable details about the accident and who was responsible for it.

If necessary you need to, your attorney can make use of an investigation report to collect additional evidence. If the accident occurred in the business environment such as a place of business, an employee may have recorded video footage. If this is the case the tape must be requested from the business as quickly as possible.

Document any expenses you incurred in the aftermath of the accident. Record any costs you incur due to. These could include medical bills and records for your treatment, receipts for medication, rental car fees, in-home care or assistance as well as transportation costs and much more. Additionally, you must note any income loss due to your injury. You can use your old tax returns and pay stubs.

If you are able, obtain the names of any witnesses to the accident as well. These people can serve as valuable sources of information for your case, particularly when they can testify at trial. However, it's important to remember that witnesses may alter their stories over time and could forget specific details about the accident.

Intake and Investigation

If you have filed a claim with an insurance company or are preparing an action against an at-fault driver, the intake process is essential for obtaining full and fair compensation for the injuries you sustained in a crash. Your lawyer will begin by examining your medical records, as well as obtaining copies accident reports and other evidence. They will also visit and document the scene of the accident.

This information will help them know the extent of your injuries as well as the current and projected future costs for your physical and emotional suffering. They will then look over your financial losses to estimate the value of your case. Damages could include not just your current and future medical expenses but also income loss and property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also take information about the driving habits and cell phones of the driver at fault in order to determine how they used their vehicle during the time. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was working while on the job, as this could negatively impact their ability to pay for your damages.

As part of the discovery process, your lawyer will also inquire about the defendant's traffic and criminal record of offenses. These facts are usually not admissible, but can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

After obtaining the medical records then your lawyer will begin negotiations for settlement. In the beginning, the insurance company will make an offer that is often much lower than what you requested in your letter. This is a way to assess the credibility of your argument. In the counteroffer, it is important to emphasize the strongest arguments you have in your favor - for example, the insured was at the fault and that you sustained serious injuries that resulted in the highest medical costs. Negotiating back and forth could eventually result in an equitable and reasonable amount.

A skilled accident lawyer can successfully argue your claim's merits including presenting proof to support your losses. This may include photos of your car damage, police reports, and witness testimony. We can calculate the various components of your claim, including loss of income or pain and suffering, as well as police reports.

If the insurance company is unwilling to pay an appropriate amount at the moment, we can bring a lawsuit. A trial typically lasts between one and two days and is ruled on by jurors or a judge. If your case settles before reaching this stage the process could take months. In addition, your attorney might be eligible to file a motion for summary judgement. This is where you present all the evidence in your favor and arguing that it's impossible for the opposing side to win.


Filing a Lawsuit

In a majority of car accident cases parties can resolve their disagreement outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the party who is at fault. If a settlement isn't reached, our lawyers will file a suit against the defendant. The Complaint will detail your claims and allegations about the cause of the crash and why you deserve compensation. The defendant is served the Complaint, and given a specific amount of time to respond.

During the discovery phase, our attorneys will share documents and other information with the defendant and ask questions via interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their version of the events, including what damages you've suffered and the way they believe it occurred. We will also seek out expert opinions that enforce our position.

During the discovery phase, your lawyer could file legal documents known as motions in court for a decision by a judge. This could include requests for the court to block certain evidence, or to set an appointment for trial. It could take a year or more to complete the discovery process and determine the trial date for your case. This is why it's crucial to work with an experienced Long Island car accident attorney at the beginning of the process.

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