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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 as well as how the settlement you receive could be worth. This is only possible if all the information you require is available.
The first step in a car crash lawsuit is known as discovery. During this stage, attorneys and their teams will exchange documents and ask questions under an oath.
Documentation
A lot of the work involved in a car wreck case is collecting documentation. This could include evidence such as photos, medical records, or witness statements. The more evidence you can provide to support your claim, the more convincing your case will be.
The first piece of documentation that you must have is a police report. The police officer who arrives at the scene will typically prepare a report. This report will provide important details about the incident and who was responsible for it.
If needed, your attorney can use a police report to gather additional evidence. If the accident occurred in a place of business, for example an employee could have recorded video footage. If this is the case, a copy of the tape must be requested from the business as quickly as it is possible.
You should also keep track of the costs you have incurred due to the accident. These could include medical bills as well as records of your treatment, receipts from medication, rental car charges, in-home assistance or care expenses for transportation, and more. In auto accident law firm concord , you should note any income loss due to your injury. You can utilize old tax returns and pay stubs.
If you can, get the names of witnesses to the accident as well. They can be valuable sources of information for your case, particularly in the event that they are able to give evidence at trial. It's important to remember that witnesses could alter their stories and forget details regarding the accident as time passes.
Intake and Investigation
If you've filed an insurance company or are preparing legal action against a negligent driver, the initial intake process is essential for obtaining full and fair compensation for your crash injuries. Your lawyer will begin by reviewing your medical treatment documents, and then obtaining copies accident reports as well as other evidence. They will also visit the site of the crash to take note of what they can.
This information will allow them to know the extent of your injuries in relation to future and projected costs for your physical and emotional suffering. Then, they will review your financial losses in order to estimate the value of your case. The damages you suffer could include not only future and current medical expenses, but also loss of income as well as property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any evidence. They will also gather driving and cell phone records of the driver at fault in order to determine how they operated their vehicle at the time. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working while at work, as this could impact the ability of them to pay damages.
In addition to this your attorney may inquire regarding the defendant's prior criminal and traffic-related offenses in the discovery process. These details are typically not admissible, however they can be used to undermine the defendant's credibility in cross-examination.
Negotiating a Settlement
After receiving the medical records, you can begin settlement negotiations. Initially, the insurance company will make an offer that is often substantially lower than the amount you have requested in the letter. This is a strategy to determine how strong your case. In the counteroffer, it's important to highlight the strongest points in your favor - for instance, that the insured was fully at blame and that you were afflicted with serious injuries that resulted in the highest medical costs. The process of negotiating back and forth should eventually result in an appropriate and fair amount.
A skilled attorney for accidents can successfully argue the merits of your claim, including presenting evidence that supports your losses. This may include photos of your car damage, police reports, and witness testimony. We know how to calculate various aspects of your claim like lost income, pain and suffering and police report.
If, at this point, the insurance company still refuses to offer a fair amount, we may choose to make a claim in court. A trial typically lasts up to two days and is usually ruled by an individual judge (called a bench trial) or by jurors. If your case settles before this point it could take several months. Or, your lawyer may be eligible to file a motion for summary judgment. This involves arguing that all evidence is in your favour, and arguing that it's impossible to allow the opponent to prevail.
Filing an action
In a majority of car accident cases, the parties can resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the person who is at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will contain your claims and allegations relating to the accident and why you are entitled to compensation. The defendant is served the Complaint, and given a certain time frame to respond.
During the discovery phase, our attorneys will discuss documents and other materials with the defendant, while asking questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, focusing on how they believe the crash took place and what injuries you have suffered. We will also search for experts to back our position.
During the discovery process your lawyer can make legal motions to the court to a judge's decision on. These could include requests to the court to block certain evidence or to set the date for a trial. It could take a full year or more to complete the discovery process and set the trial date for your case. This is why it's important to find a knowledgeable Long Island car accident attorney early on in the process.
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