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The Intake Process for Car Accident Litigation

A lawyer who is specialized in the field of car accident litigation can help you determine how strong your case is, and how much your settlement could be worth. This is only possible when all the information you need is available.

The first step in a car crash lawsuit is known as discovery. During this stage attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

A large portion of the work involved in a car wreck case is obtaining documentation. This can include evidence like photographs, medical records or witness statements. The more documentation that you have, the more convincing your case.

The first piece of evidence you should have is a police report. Typically the police officer who comes to the scene of the mount vernon auto accident attorney will draft an investigation report. This will provide important information about what happened and who was responsible for the incident.

Your lawyer can also make use of the law enforcement report to seek additional evidence in the event of need. For instance, if an accident happened in a business, an employee at that site might have recorded video footage of the incident. If this is the situation, the tape must be requested from the company as soon as is possible.

Document any expenses you incurred because of the accident. Document all expenses you have incurred as a result of. These could include medical bills and records of your treatment, receipts for medication rental car charges as well as in-home care or assistance transport costs, and many more. In addition, you should note any income loss because of your accident. You can use old tax returns and pay stubs.

If you can, collect the names of witnesses to the accident as well. These people may be able to provide valuable information, especially if can get them to testify in court. However, it is important to remember that witnesses are prone to altering their testimony over time and may forget details of the incident.

Intake and Investigation

The intake process is essential in obtaining fair settlement for your poquoson auto accident lawsuit-related injuries regardless of whether you've filed a claim with an insurance company or are suing the responsible party. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports and other evidence. They will also go to and document the accident scene.

This will help them know the extent of your injuries in relation to future and anticipated costs for your emotional and physical suffering. They will then review your existing and expected financial losses to determine 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 conduct an investigation into the incident, including interviewing witnesses and analyzing any available evidence. They will also gather driving and cell phone records of the at-fault drivers to determine how they operated their vehicle at that time. This is particularly important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working, as this could negatively impact their ability to pay your damages.

As part of the process of discovery Your lawyer will ask about the defendant's criminal and traffic offense records. These details are generally not admissible in court but they could be helpful to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you have received your medical records, you are able to begin negotiations for settlement. Initially, the insurance company may make an offer that is often considerably lower than what you request in the letter. This is a method to assess how strong your case is. In your counteroffer, it's crucial to highlight the most powerful points you have in your favor. For example, the insurer was responsible and that there were severe injuries and significant medical expenses. Negotiating back and forth will eventually result in an acceptable and reasonable amount.

An experienced accident lawyer can effectively argue your claim's merits including presenting evidence to prove your losses. This could include photos of the car's damage or a police report, as well as witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, suffering and pain.

If the insurance company refuses to pay an amount that is reasonable at the moment, we can start a lawsuit. A trial typically lasts between one and two days and is conducted by jurors or a judge. If your case settles before reaching this stage, the process can take months. Alternatively, your attorney may be capable of filing an application for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car crash cases, the parties are able to resolve their disagreement without going to court. Our team will help you negotiate an agreement with the other driver's insurance company or directly with the at-fault party. If no agreement is reached, our lawyers will file a lawsuit against the defendant. The Complaint will include your claims and details about the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served with the Complaint and given a specified period of time to reply.

During the discovery phase, our lawyers will share documents and other evidence with the defendant and ask questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions about their view of events, focusing on what they believe happened during the crash, as well as how they think it happened and what injuries you have suffered. We will also seek expert opinions to support our position.

During the discovery phase, your lawyer may make legal documents known as motions in court to be decided by a judge. These could include requests to the court to omit certain evidence, or to set the date for a trial. It could take a year or more to complete the process of discovery and to set the date of trial for your case. It is essential to speak with an experienced Long Island daleville auto Accident lawyer accident attorney at the earliest possible point during the process.