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An experienced lawyer in litigation involving car accidents will be able to help you determine the potential strength of your case and how much settlement you could get. But this is only possible if you have all the necessary information.
Discovery is the first step of an auto accident case. In this phase, attorneys and their teams communicate with each other and ask questions under the oath.
Documentation
Documentation is a major part of the work in a car accident. This could be evidence like medical records, photos or witness statements. Generally speaking, the more evidence you can provide to support your claim, the stronger your argument will be.
A police report is the first document you should have. Typically, the police officer who arrives at the scene of the accident will prepare an investigation report. This will provide important information about how the crash occurred and who was at fault for the incident.
Your lawyer may also utilize a law enforcement report to pursue additional evidence in the event of need. For instance, if the accident happened in a business the employee who worked at that location may have recorded video footage of the incident. If this is the case, you should request a copy of the video from the business.
You should also document the expenses you incur due to the accident. This can include medical bills, records of your treatment, receipts from medication rental car costs for in-home assistance, care at home expenses for transportation, and more. In addition, you should record any income loss because of your injury. You can use your old tax returns and pay stubs.
You should also find the names of witnesses. These people may be able to provide important information, particularly if you can convince them to give evidence in court. However, it's important to keep in mind that witnesses may alter their accounts over time, and they may forget details about the incident.
Intake and Investigation
The intake process is critical to receiving fair compensation for your accident injuries, whether you have submitted an insurance claim or are suing the party at fault. Your lawyer will begin by examining your medical records, as well as obtaining copies of accident reports as well as other evidence. They will also visit and document the scene of the accident.
This information will help them know the extent of your injuries, both in terms of future and projected costs for your physical and emotional suffering. They will also review your existing and expected financial losses to estimate the total value of your case. Damages could include not only your current and future medical costs as well as lost income and property damage.
Your lawyer will also investigate by interviewing witnesses and reviewing all available evidence. They will also collect the driver at fault's driving and cell phone records to see how they were using their vehicle at the time of the crash. This is particularly crucial if the crash involved an Uber or Lyft vehicle or auto accident attorney any other evidence that suggests the driver was working, Auto accident Attorney as this could affect their ability to pay for your damages.
In addition your attorney may ask questions about the defendant's previous criminal and traffic offence history during the discovery process. Generally, these details are not admissible in court, however they can be useful to undermine the credibility of the defendant during cross examination.
The process of negotiating a settlement
After obtaining the medical records and obtaining the medical records, your lawyer can begin settlement negotiations. In the beginning, the insurance company may make an offer that's usually substantially lower than the amount you request in the letter. This is a tactic to test how convincing your case. In the counteroffer, it is crucial to emphasize the most important arguments for your side - for example, the insured was at blame and that you were afflicted with serious injuries that resulted in significant medical expenses. Negotiating back and forth could eventually result in an acceptable and reasonable amount.
A skilled lawyer for accidents can successfully argue your claim's merits including presenting evidence to prove your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to determine the value of various components of your claim, including loss of income, pain and suffering.
If the insurance company is unwilling to pay an appropriate amount at this point, we could file a lawsuit. A trial usually lasts about two or three days and is usually ruled by an individual judge (called a bench trial) or a jury. If your case settles before reaching this stage it could take months. Your lawyer may also be able file a summary motion to enter judgment. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to prevail.
Filing an action
In the majority of car accident cases parties are able to settle their disputes outside of court. Our team will help you negotiate an agreement with the insurance company of the other driver company or directly with the person at fault. If a settlement isn't reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and allegations about the circumstances of the crash and why you are entitled to compensation. The defendant will be served the Complaint and given a certain amount of time to respond.
The discovery phase is where our lawyers and the defendant will begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of the events, such as what they believe happened during the crash, as well as how they think it occurred and the injuries you've suffered. We will also seek out experts to back our claims.
During the discovery stage, your lawyer will make legal documents known as motions with the court to be ruled on by a judge. These could include requests to the court's decision to exclude certain evidence or to schedule 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 attorney - his explanation - as early as possible during the process.
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