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A lawyer who specializes in the area of car accident litigation will assist you in determining how strong your case is as well as how much your settlement could be worth. This is only possible if all the information you require is available.
The initial step in a car accident lawsuit is known as discovery. During this phase attorneys and their teams exchange documents and ask each other questions under oath.
Documentation
A lot of the work involved in a car crash case is obtaining documentation. This could include evidence such as medical records, photos, or witness statements. Generally speaking, the more evidence you can provide to support your claim, the more convincing your argument will be.
The first document you should have is a report from the police. The police officer who arrives at the scene of the accident will usually prepare a report. It will provide important details about the incident and who was responsible.
If necessary your attorney has to use a police report to gather additional evidence. If the accident occurred in an office, for example, an employee may have recorded video footage. If this is the case, request a copy from the company.
Document any expenses you incurred due to the accident. Document any expenses you incurred due to. This can include medical bills, records of your treatment, receipts for medication rental car costs and in-home care or assistance transport costs, and many more. Additionally, you must note any income loss because of your injury. This can include old pay stubs and tax returns.
You should also try to obtain the names of witnesses. These witnesses can be valuable sources of information for your case, particularly if they are able to be a witness in a trial. It is important to keep in mind that witnesses can alter their story and forget details about the incident as time passes.
Intake and Investigation
Whether you have made an insurance claim with an firm or are beginning a lawsuit against an at-fault driver, the initial intake process is essential to receive full and fair compensation for your injuries from a crash. Your attorney will start by looking over your medical treatment documents, and then obtaining copies accident reports and other available evidence. They will also go to and document the accident scene.
This will help them comprehend the severity of your injuries, both in terms of future and current costs for your physical and emotional suffering. Then, they'll review your current and future financial losses in order to estimate the value of your case. Damages could comprise not only your current and future medical costs, but also lost income and property damage.
Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all available evidence. They will also collect driving and cell phone records of the drivers who were at fault to determine how they operated their vehicle during the time. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while on the job, since it could affect their ability to pay for your damages.
As part of the discovery process, your lawyer will also ask about the defendant's criminal and traffic offence records. These details are generally not admissible but could be used to undermine the defendant's credibility in cross-examination.
The process of negotiating a settlement
Once you have the medical records, it is possible to begin settlement negotiations. The insurance company is likely to make an initial offer that is much less than the amount you demanded in your letter. This is a way to see how strong your case. In the counteroffer, you must be crucial to highlight the most powerful arguments for your side - for example, the insured was at the fault, and that you suffered serious injuries that resulted in high medical expenses. The process of negotiating back and forth should eventually result in an acceptable and reasonable amount.
A skilled accident attorney can effectively argue the benefits of your claim, by presenting evidence to prove your losses. This could include photos of the car damage, police reports or witness testimony. We have the ability to determine the various elements of your claim like lost income along with pain and suffering as well as a police report.
If, at this point, the insurance company still refuses to provide a reasonable amount, we can decide to file a lawsuit in court. A trial usually lasts for between one and two days. It is either heard by an individual judge (called a bench trial) or jurors. If your case is settled prior to this phase it could take several months. Your attorney may also be able to file a summary motion to dismiss. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for the opponent to win.
Filing a Lawsuit
In a majority of cases involving car accidents the parties are able to settle their disputes outside of court. Our team will work to assist you in negotiating an agreement with the insurance company, or directly with the party at fault. If an agreement cannot be reached Our lawyers will start a lawsuit against the defendant. The complaint contains your claims and allegations regarding the incident and why you are entitled to compensation. The defendant will be served the Complaint and given a specified timeframe to respond to it.
During the discovery phase, our attorneys will share documents and other materials with the defendant while asking questions via interrogatories or depositions. Our team will inquire to the defendant's lawyer about their interpretation of the events, focusing on what injuries you have suffered and the way they believe it happened. We will also seek expert opinions to support our position.
During the discovery stage, your lawyer will prepare legal documents referred to as motions in court for a decision by an individual judge. This could include requests for the court to block certain evidence, or to set the date for a trial. It can take a whole year or more to complete the process of discovery and to set a trial date for your case. It is crucial to talk with an experienced Long Island auto accident lawsuit accident attorney at the earliest possible point in the process.
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