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A lawyer who has experience in litigation involving car accidents will be able to help you determine the worth of your case and what settlement amount you might receive. But this is only feasible if you have all the relevant information.
Discovery is the first stage of a car accident case. In this phase, attorneys and their teams exchange documents and discuss questions under an oath.
Documentation
The majority of the work involved in a car crash case is obtaining documentation. This could include evidence like medical records, photos, or witness statements. The more evidence you have the more convincing your case.
A law enforcement report is the first piece of paper you need. The police officer who arrives at the scene of an accident will typically prepare a report. It will give valuable details about the incident and who was responsible.
If needed you need to, your attorney can make use of a police report to gather additional evidence. If the incident occurred in the workplace such as a place of business, an employee may have recorded video footage. If this is the case, you should request a copy from the company.
You should also document the expenses you incur due to the accident. This can include medical bills or records of treatment, medication receipts rental car expenses as well as in-home assistance or care as well as transportation costs. Also, you should document any income lost 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 may be able to provide valuable information, particularly if you can convince them to be a witness in court. But, it's important to keep in mind that witnesses may alter their stories over time and may forget details of the incident.
Intake and Investigation
If you have filed an insurance claim with an company or are preparing legal action against a negligent driver, the process of obtaining an intake is essential for obtaining the fair and complete compensation you deserve for your injuries from a crash. Your attorney will start by reviewing your medical records, and obtaining copies of accident reports, and other evidence. They will also visit the scene of the crash to document and observe what they can.
This will help them to comprehend the extent of injuries you have suffered as well as the actual and projected costs for your emotional or physical suffering. Then, they will look at your current and future financial losses to estimate the value of your case. Your damages can include not just your current and future medical costs as well as lost income and property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also obtain the driver at fault's driving records and phone records to determine what they were doing with their vehicle at the time of the crash. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was on the job, since it could affect their ability to cover your damages.
As part of the process of discovery the lawyer will ask about the defendant's criminal and traffic record of offenses. These details are typically not admissible, but they could be used to undermine the credibility of the defendant in cross-examination.
Negotiating a Settlement
Once you have the medical records, it is possible to start settlement negotiations. The insurance company may make an initial offer that is much less than what you requested in your letter. This is a method to see how strong your case. In your counteroffer, it's important to highlight the strongest arguments you have in your favor. For instance, if you claim that the insurer was at fault and there were serious injuries as well as the medical costs were high. In the end, a lot of the back and forth negotiation should result in an amount that is both reasonable and fair.
A skilled accident lawyer can effectively argue your claim's merits by presenting evidence to justify your losses. This could include photos of vehicle damage, police reports, and witness testimony. We can calculate various aspects of your claim such as loss of income or pain and suffering, as well as police reports.
If the insurance company refuses to pay an appropriate amount at the moment, we can file a lawsuit. A trial usually lasts between one and two days, and is ruled on by an attorney or a jury. If your case is settled prior to this stage, it can take several months. Your attorney might also be able to file a summary motion for judgment. This involves arguing that all evidence is in your favor and arguing that it is impossible for the opponent to win.
Filing a Lawsuit
In the majority of car accident cases, the parties can settle their dispute out of court. Our team will work to help you negotiate a settlement with the insurance company of the other driver company, or directly with the at-fault party. However, if an agreement cannot be reached, our lawyers will bring an action against the defendant. The Complaint will detail your assertions and allegations regarding the circumstances of the crash and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain amount of time to answer.
The discovery phase is where our attorneys and the defendant will begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will inquire to the lawyer representing the defendant about their version of the events, such as what injuries you've suffered and the way they believe it took place. We will also search for expert opinions to support our claims.
During the discovery process, your lawyer can file legal documents called motions to the court to a judge's decision on. This could include requests for the court to block certain evidence or to schedule the date for a trial. It can take up to one year for the investigation process to be completed and a trial date set. This is the reason it's essential to find a knowledgeable Long Island car accident attorney at the beginning of the process.
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