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The Intake Process for Car Accident Litigation

A lawyer who is experienced in car accident litigation will be able to help you determine the strengths of your case as well as the amount of settlement you could get. But it is only possible when you have all the information needed.

The first step in a car accident lawsuit is called discovery. During this phase, attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

Documentation is a major part of the work in an auto accident lawsuit accident. This could include evidence such as medical records, photos, or witness statements. Generally, the more documentation you have to back your claim, the stronger your case will be.

The first piece of evidence you should have is a law enforcement report. Typically the police officer that arrives at the scene of the accident will prepare reports, and these will provide important information about the circumstances of the crash and who was responsible for the incident.

If necessary, your attorney can use the police report to gather additional evidence. For instance, if the incident occurred in a business, an employee at that location might have recorded footage of the incident. If this is the situation, the tape must be requested from the company as soon as possible.

You should also record the costs you have incurred as a result of the accident. These could include medical bills and records of your treatment, receipts from medications rental car costs and in-home care or assistance transport costs, and many more. In addition, you should keep track of any income loss as a result of your accident. You can utilize old tax returns and pay stubs.

You should also try to get the names of witnesses. These people can serve as important sources of information in your case, especially those who are able to testify 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 made a claim with an insurance firm or auto accident attorney are beginning an action against an at-fault driver, the intake process is essential for obtaining the fair and complete compensation you deserve for the injuries you sustained in a crash. Your attorney will begin by looking over your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit the site of the crash to observe and document what they can.

This information will assist them understand the extent of your injuries in relation to future and current costs for your emotional and physical suffering. They will then review your financial losses to estimate the value of your case. Your damages may include not only future and ongoing medical expenses, but also 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 drivers who were at fault to see how they used their vehicle during the time. This is particularly important when there was a collision with an Uber or Lyft vehicle or any other indication that the driver was on the clock.

Additionally your lawyer will also ask questions about the defendant's past criminal and traffic offense history as part of the discovery process. These information is generally not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you have obtained the medical records after which your lawyer can start negotiations for settlement. The insurance company is likely to make an initial offer that is lower than the amount you requested in your letter. This is an opportunity to determine the strength of your case. In the counteroffer, you must be crucial to emphasize the most important points in your favor - for example, the insured was at the fault, and that you suffered serious injuries that resulted in the highest medical costs. Negotiating back and forth should eventually result in an equitable and reasonable amount.

A skilled attorney can successfully argue your claim's merits including presenting evidence to prove your losses. This could include photos of the damage to your vehicle, a police report and witness testimony. We have the ability to determine the various elements of your claim, including loss of income as well as pain and suffering, and police report.

If, at this point, the insurance company is still refusing to provide a reasonable amount, we have the option to bring a lawsuit to court. A trial usually lasts for one or two days and is either heard by an individual judge (called a bench trial) or a jury. If your case settles before reaching this stage it could take months. Alternatively, your attorney may be capable of filing a motion for summary judgment. This is a way of presenting all the evidence in your favor auto accident attorney and arguing that it's impossible for the opposing side to prevail.

Filing an action

In the majority of car crash cases parties can resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the person at fault. However, if an agreement cannot be reached, our lawyers will start an action against the defendant. The Complaint will contain your claims and allegations regarding the incident and why you are entitled to compensation. The defendant is served the Complaint and given a certain period of time to reply.

During the discovery phase, our lawyers will discuss documents and other evidence with the defendant, while asking questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, including how they believe the crash took place and what injuries you have suffered. We will also search for expert opinions to support our claims.

During the discovery process, your lawyer could submit legal documents, also known as motions to the court for a judge to decide on. This could include asking the court to block evidence or schedule a trial. It can take as long as one year for the investigation process to be completed and a trial date scheduled. It is essential to speak with an experienced Long Island auto accident law firm accident attorney (https://njkkot.org) as early as possible during the process.