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The Intake Process for Car palmyra auto accident lawyer Litigation

A lawyer who is experienced in litigation involving car accidents can help you determine the strength of your case and what settlement amount you might receive. This is only possible if all the information you need is available.

The first step in a lawsuit involving a car accident is known as discovery. In this stage, attorneys and their teams exchange documents and ask questions under an oath.

Documentation

The majority of the work involved in a car wreck case is collecting documentation. This may include evidence such as medical records, photos, or witness statements. The more evidence you have the more convincing your case.

The first piece of documentation that you must have is a report from the police. The police officer who arrives at the scene of an accident is likely to prepare a written report. This will provide valuable details about the accident and who was responsible.

If required your attorney has to use an investigation report to collect additional evidence. For example, if the incident took place in a commercial the employee who worked at that site might have recorded footage of the incident. If this is the case, request a copy of the video from the business.

Note any costs you have incurred because of the accident. Record any costs you incur due to. These could include medical bills and records of your treatment, receipts for medication rental car expenses home care or assistance transport costs, and much more. In addition, you should document any lost income due to your accident. This could include old pay stubs as well as tax returns.

If you can, collect the names of any witnesses to the incident as well. They can be important sources of information in your case, especially in the event that they are able to testify at trial. However, it's important to keep in mind that witnesses can alter their stories over time and could forget specific details about the Frankfort auto accident attorney.

Intake and Investigation

If you have made an insurance claim with an company or have started an action against an at-fault driver, the intake process is essential for obtaining full and fair compensation for the injuries you sustained in a crash. Your lawyer 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 elmwood park auto accident law firm to take note of what they can.

This will help them determine the extent of your injuries both in terms of future and current costs for your physical and emotional suffering. They will also review your existing and expected financial losses to estimate the value of your case. The damages could not be limited to only future and current medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any evidence. They will also obtain the driving and cell phone records of the at-fault drivers to determine how they operated their vehicle during the time. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was on the job, as this could impact their ability to pay for your damages.

As part of the process of discovery the lawyer will ask about the defendant's traffic and criminal conviction records. Generally, these details are not admissible in court, but they can be useful to undermine the credibility of a defendant during cross-examination.

Negotiating a Settlement

Once you have the medical records, you are able to start settlement negotiations. The insurance company will often make an initial offer that is much lower than the amount you requested in your letter. This is a method to assess how strong your argument is. In the counteroffer, it's important to emphasize the strongest arguments for your side - for example, the insured was fully at the fault, and that you suffered serious injuries that resulted in significant medical expenses. In the end, bargaining back and forth should result in an amount that is reasonable and fair.

A skilled accident lawyer can successfully argue for your claim's merits, [empty] by presenting evidence to justify your losses. This could include photos of the damage to your car, a police report and witness testimony. We are able to calculate various elements of your claim, such as loss of income, pain and suffering and police reports.

If, at this point, the insurance company is still refusing to offer a fair amount, we may choose to bring a lawsuit to court. A trial typically lasts between one and two days. It is supervised by a judge (called a bench trial) or jurors. If your case is settled before this point it could take several months. In addition, your attorney might be eligible to file a motion for summary judgment. This involves asserting that all evidence is in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of car crash cases, the parties can settle their dispute without going to court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver who is at fault. However, if an agreement cannot be reached our lawyers will initiate an action against the defendant. The Complaint will include your claims and allegations regarding the circumstances of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a particular timeframe to respond to it.

During the discovery phase, our attorneys will share documents and other evidence with the defendant and ask questions through interrogatories and depositions. Our team will ask the defendant's attorney questions about their version of the events, including how they believe the crash took place and what injuries you've sustained. We will also seek out expert opinions to support our assertions.

During the discovery phase, your lawyer can make legal documents known as motions in court for a decision by an individual judge. This may include requesting the court to exclude evidence or set a trial date. It can take a year or more to complete the process of discovery and to set the trial date for your case. This is why it's important to partner with an experienced Long Island car accident attorney at the beginning of the process.


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