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The Intake Process for Car Accident Litigation A lawyer who is specialized in car accident litigation can assist you in determining how strong your case is, and how the settlement you receive could be worth. However, this is only possible with all the information needed. Discovery is the initial step of an auto accident case. During this phase attorneys and their teams will exchange documents and ask questions under oath. Documentation Documentation is a major element of an auto accident. This could be evidence like photographs, medical records or witness statements. The more evidence you have, the more convincing your case. The first document you need is a law enforcement report. The police officer who arrives at the scene will typically prepare a report. This will provide valuable details about the incident and who was responsible for it. Your lawyer can also make use of the report of a law enforcement officer to seek additional evidence, if needed. If the accident occurred in the business environment, for example an employee might have recorded video footage. If this is the case, the tape must be requested from the company as soon as it is possible. You should also keep track of any expenses you incurred due to the accident. This can include medical bills as well as records of your treatment, receipts for medication rental car costs and in-home care or assistance, transportation costs and more. Additionally, you must document any lost income because of your injury. This could include old pay stubs and tax returns. You should also try to obtain the names of witnesses. These people can serve as valuable sources of information for your case, especially those who are able to be present at trial. It is important to remember that witnesses may alter their story over time and they may forget details about the incident. Intake and Investigation Whether you have filed an insurance company or are preparing an action against an at-fault driver, the intake process is essential to obtaining the fair and complete compensation you deserve for the injuries you sustained in a crash. Your attorney will start by looking over your medical treatment records, and obtaining copies of accident reports and other available evidence. They will also go to and document the accident scene. This information will allow them to determine the extent of your injuries, both in terms of future and anticipated costs for your physical and emotional suffering. They will then review your current and future financial losses in order to estimate the value of your case. The damages could include not just your current and future medical costs but also lost income and property damage. Your lawyer will also investigate the incident, including speaking with witnesses and analyzing the available evidence. They will also gather the driving and cell phone records of the drivers at fault to determine how they operated their vehicle during the time. This is especially important if there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver worked while on the clock. In addition to this your attorney may ask questions about the defendant's criminal and traffic-related offenses in the discovery process. Generally, these details are not admissible in court, however they can be useful to undermine the credibility of the defendant in cross-examination. The process of negotiating a settlement Once you have the medical records, you can start settlement negotiations. In the beginning the insurance company will make an offer that is usually much lower than what you have requested in the letter. This is a way to assess the credibility of your argument. In your counteroffer it is important to highlight the strongest arguments you have in your favor. For instance, you can say the insurer was at fault and that there were severe injuries and the medical costs were high. In the end, a lot of negotiations back and forth should get you to an amount that is reasonable and fair. auto accident attorneys lexington can effectively argue the benefits of your claim, including presenting evidence to support your losses. This could include photos of vehicle damage, police reports, and witness testimony. We also know how to determine the value of various components of your claim, such as loss of income, pain and suffering. If the insurance company is unwilling to pay an appropriate amount at this point, we may start a lawsuit. A trial typically lasts between one and two days, and is judged by either a judge or jury. If your case settles before reaching this phase, the process can take months. Your attorney might also be able to file a summary motion for judgment. This means claiming that all evidence is in your favor, and arguing it's impossible for the opposing side to prevail. Filing a Lawsuit In a majority of car accident cases the parties can settle their disputes outside of court. Our team will assist you negotiate with the insurance company of the other driver or directly with the party who was at fault. If there is no agreement the lawyers of our firm will bring a lawsuit against the defendant. The Complaint outlines your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served the Complaint and given a set amount of time to respond. The discovery phase is where our attorneys and the defendant begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of events, focusing on how they believe the crash occurred and what injuries you've sustained. We will also seek out expert opinions to support our position. During the discovery process your lawyer could submit legal documents known as motions to the court for a judge to rule on. These could include requests to the court to block certain evidence or to schedule an appointment for trial. It can take a whole year or more to complete the discovery process and establish a trial date for your case. This is why it's vital to consult with a seasoned Long Island car accident attorney early on in the process.

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