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The Intake Process for Car Accident Litigation A lawyer that specializes in litigation involving car accidents can assist you in determining how strong your case is, and how the settlement may be worth. This is only possible when all the information you require is available. Discovery is the initial step of an auto accident case. In this phase, attorneys and their teams discuss documents and answer questions under an oath. Documentation A lot of the work involved in a car accident case is collecting documentation. This may include evidence like photographs, medical records, or witness statements. The more documentation that you have the more convincing your case will become. A law enforcement report is the primary document you need. Typically the police officer that comes to the scene of the crash will prepare the report, and it will provide important information about how the accident occurred and who was responsible for the incident. If necessary your lawyer has the option of using an investigation report to collect additional evidence. If the incident occurred in an office such as a place of business an employee could have recorded video footage. If this is the case, you must seek a copy from the company. You should also keep track of any expenses you incurred due to the accident. These could include medical bills as well as records of your treatment, receipts from medication rental car fees for in-home assistance, care at home as well as transportation costs. Also, you should document any income you lose due to your accident. This could include old pay stubs, as well as tax returns. auto accident lawsuit hayward is also advisable to get the names of witnesses. They may be able to provide important information, especially if are able to get them to testify in court. It's important to remember that witnesses may change their narratives and forget specifics about the incident as time passes. Intake and Investigation Whether you have filed a claim with an insurance firm or are beginning legal action against a negligent driver, the initial intake process is crucial to getting the full and fair amount of compensation for your injuries from a crash. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports and other evidence. They will also visit and document the scene of the accident. This information will help them understand the extent of your injuries in relation to future and anticipated costs for your emotional and physical suffering. Then, they'll review your financial losses to determine the value of your case. Your damages can include not only your present and future medical costs as well as lost income and property damage. Your lawyer will also investigate and interview witnesses and reviewing all available evidence. They will also take the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the accident. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was working while working, as this could negatively impact their ability to pay for your damages. Additionally your lawyer will also ask questions about the defendant's past criminal and traffic offence history as part of the discovery process. In general, these information are not admissible in court but they could be helpful to impeach the defendant's credibility during cross examination. Negotiating a Settlement After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations on settlement. The insurance company is likely to make an initial offer that is much lower than the amount you requested in your letter. This is a strategy to test how convincing your case. In the counteroffer, you must be crucial to emphasize the most important arguments for your side – for instance, that the insured was completely at the fault, and that you suffered severe injuries with significant medical expenses. Negotiating back and forth could eventually result in an appropriate and fair amount. A skilled attorney for accidents will effectively argue the benefits of your claim, including presenting evidence that supports your losses. This could include photos of vehicle damage, police reports and witness testimony. We have the ability to calculate various elements of your claim, such as loss of income as well as pain and suffering, and police report. If the insurance company refuses to pay an appropriate amount at the moment, we can bring a lawsuit. A trial usually lasts one or two days and is usually ruled by an individual judge (called a bench trial) or a jury. If your case is settled before this stage it could take several months. Your lawyer may also be able to file a summary motion for judgment. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to prevail. Filing a Lawsuit In the majority of car crash cases, the parties can resolve their disputes without going to court. Our team will work to help you negotiate an agreement with the insurance company of the other driver company or directly with the person at fault. If an agreement is not reached Our lawyers will start a lawsuit against the defendant. The complaint contains your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant is served with the Complaint and given a certain amount of time to answer. During the discovery phase, our lawyers will discuss documents and other materials with the defendant and ask questions via interrogatories and depositions. Our team will ask questions to the lawyer representing the defendant about their version of the events, such as what damages you've suffered and what they believe happened. took place. We will also seek out expert opinions to support our position. During the discovery phase, your lawyer may file legal documents known as motions to the court to be ruled on by the judge. This can include requesting the court to exclude evidence or to schedule a trial. It can take up to an entire year for the discovery process to be completed and a trial date scheduled. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point in the process.