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The Intake Process for Car Accident Litigation An experienced lawyer in the field of car accident litigation will be able to help you determine the potential strength of your case and the amount of settlement you can get. This is only possible if all the information you need is available. The initial step in a lawsuit involving a car accident is called discovery. In this phase attorneys and their teams exchange documents and ask each other questions under the oath. Documentation A lot of the work involved in a car accident case is collecting documentation. This could include evidence such medical records, photos or witness statements. The more evidence you have, the more convincing your case will be. A law enforcement report is the first piece of paper you need. The police officer who arrives at the accident scene will usually write a report. It will give valuable details about the accident and who was responsible. If necessary, your attorney can use an investigation report to collect additional evidence. For instance, if an incident took place in a commercial, an employee at that area may have recorded video footage of the incident. If this is the situation, the tape should be requested from the business as quickly as is possible. Record any expenses you have incurred due to the accident. Document all expenses you have incurred as a result of. This could include medical expenses or records of treatment, receipts from medication rental car expenses and in-home care or assistance expenses for transportation, and more. In addition, you should document any lost income as a result of your accident. You can utilize old tax returns and pay stubs. If you are able, obtain the names of witnesses to the accident as well. These people can serve as important sources of information in your case, especially those who are able to be present at trial. However, 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 crucial to getting an adequate amount of compensation for your injuries sustained in an accident, whether you have submitted an insurance claim or are suing the party at fault. Your lawyer will begin by reviewing your medical treatment documents, as well as copies of accident reports and other evidence. They will also visit the site of the accident to document and observe what they can. This will help them to assess the severity of the harm you've suffered in terms of cost and projections for your physical or emotional suffering. They will then review your current and future financial losses in order to determine the worth of your case. The damages could include not only your present and future medical costs, but also lost income and property damage. Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any available evidence. They will also take the at-fault driver's driving and cell phone records to see the way they used their vehicle at the time of the accident. This will be especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was at work, as this could affect their ability to pay for your damages. As part of the process of discovery as part of the discovery process, your lawyer will ask about the defendant's criminal and traffic offence records. These information is generally not admissible but could be used to undermine the credibility of the defendant during cross-examination. The process of negotiating a settlement After you have obtained the medical records and obtaining the medical records, your lawyer can begin settlement negotiations. The insurance company will typically make an initial offer that is less than what you demanded in your letter. This is a method to test the strength of your argument. In your counteroffer, it's crucial to highlight the most powerful points you have to your advantage. For instance, if you claim the insurer was at fault and there were serious injuries and significant medical expenses. Negotiating back and forth will eventually result in an acceptable and reasonable amount. A skilled lawyer for accidents can effectively argue for your claim's merits, including presenting proof to support your losses. This could include photos of vehicle damage, police reports or witness testimony. We also know how to calculate the value of different elements of your claim, including lost income and suffering and pain. If the insurance company is unwilling to pay an amount that is reasonable at the moment, we can start a lawsuit. auto accident attorney aurora lasts one or two days and is either heard by an individual judge (called a bench trial) or by jurors. If your case is settled before this point, it can take several months. Or, your lawyer may be able to file a motion for summary judgement. This means presenting all of the evidence in your favor and arguing that it is impossible for the other side to prevail. Filing an action In the majority of car crash instances, parties can settle their disputes without the need for court. Our team will help you negotiate an agreement with the insurance company or directly with the at-fault party. If an agreement cannot be reached Our lawyers will start a lawsuit against the defendant. The Complaint contains your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served with the Complaint and given a particular timeframe to respond. The discovery stage is when our lawyers and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you've suffered. We will also search for expert opinions to support our position. During the discovery phase, your lawyer can file legal documents known as motions in court to be decided by an individual judge. This may include requests for the court to omit certain evidence or to set the date for a trial. It can take as long as one year for the discovery process to be completed and a trial date scheduled. This is why it's important to work with an experienced Long Island car accident attorney early in the process.

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