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The Intake Process for Car Accident Litigation
An experienced lawyer in litigation involving car accidents can help you determine the worth of your case and what settlement amount you might get. This is only possible if all the information you require is available.
The first step in a car accident lawsuit is called discovery. During this phase attorneys and their teams exchange documents and ask each other questions under the oath.
Documentation
Documentation is an integral aspect of the investigation in the event of a car crash. This can include evidence like photos, medical records or witness statements. auto accident attorney washington that you have, the more convincing your case will become.
A police report is the first document you need. The police officer who arrives at the accident scene will usually write a report. It will give valuable information regarding the accident as well as the person responsible for it.
Your lawyer may also utilize the law enforcement report to pursue additional evidence, if needed. For instance, if an incident occurred at a company or office, an employee working at the site might have recorded video footage of the incident. If this is the case the tape should be requested from the company as soon as is possible.
It is also important to document any expenses you incurred as a result of the accident. This can include medical bills and records of your treatment, receipts from medication rental car charges, in-home care or assistance as well as transportation costs and more. In addition, you should note any income loss due to your accident. You can utilize old tax returns and pay stubs.
It is also advisable to get the names of witnesses. These witnesses can be important sources of information in your case, especially when they can be a witness in a trial. But, it's important to keep in mind that witnesses can alter their story over time and may forget details of the accident.
Intake and Investigation
The process of intake is vital to getting an adequate amount of compensation for your injuries from an accident, whether you have made an insurance claim or are suing the responsible party. Your attorney will begin by examining your medical records, as well as obtaining copies accident reports and other evidence. They will also visit and document the accident scene.
This information will assist them know the extent of your injuries as well as the future and current costs for your physical and emotional suffering. Then, they will review your financial losses in order to estimate the value of your case. Your damages may include not only current and future medical expenses, but also your loss of income and property damage.
Your lawyer will also conduct an investigation and interview 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 at that time. This will be especially important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, since it could affect their ability to pay your damages.
As part of the discovery process as part of the discovery process, your lawyer will ask about the defendant's criminal and traffic offence records. These details are generally not admissible in court, however they can be useful to discredit the credibility of the defendant during cross-examination.
Negotiating a Settlement
After you have obtained the medical records and obtaining the medical records, your lawyer can begin settlement negotiations. In the beginning the insurance company will offer an offer which is usually substantially lower than the amount you have requested in the letter. This is a tactic to see how strong your case. In the counteroffer it is crucial to emphasize the most important arguments you have in your favor - for instance, that the insured was fully at fault and that you suffered serious injuries that resulted in significant medical expenses. In the end, a lot of the back and forth negotiation should get you to an amount that is fair and reasonable.
An experienced accident lawyer can successfully argue your claim's merits including presenting proof to support your losses. This could include photos of the car damage as well as a police report and witness testimony. We also know how to determine the value of various components of your claim, like loss of income, pain and suffering.
If the insurance company refuses to pay an appropriate amount at the moment, we can make a claim. A trial usually lasts for between one and two days. It is supervised by a judge (called a bench trial) or by jurors. If your case is settled prior to this phase it can take a few months. Your attorney may be eligible to file a motion for summary judge. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the opposing side to win.
Filing a Lawsuit
In the majority of car accident instances, parties can resolve their disputes without going to court. Our team will assist you in negotiating a settlement with the other driver's insurance company, or directly with the at-fault party. If there is no agreement our lawyers will initiate a lawsuit against the defendant. The Complaint will detail your claims and details about how the accident occurred and why you deserve compensation. The defendant will be served the Complaint and given a particular time frame to respond.
The discovery phase is when our attorneys and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will pose questions to the lawyer of the defendant regarding their version of the events, including the injuries you've suffered and how they believe it took place. We will also solicit expert opinions that enforce our position.
During the process of discovery, your lawyer may submit legal documents, also known as motions to the court for a judge's ruling on. These could include requests to the court to exclude certain evidence, or to set a trial date. It can take a whole year or more to complete the discovery process and set an appointment date for your case. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point during the process.
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