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A lawyer who is experienced in the field of car eastman auto accident lawsuit litigation will be able to assist you determine the strength of your case and the amount of settlement you can get. But, this is only possible if you have all the relevant information.
Discovery is the initial step of an Keansburg auto Accident Lawyer accident case. In this phase attorneys and their teams exchange documents and ask each other questions under swearing.
Documentation
Documentation is a large part of the work in an accident. This can include evidence such as photos, medical records, or witness statements. The more documentation that you have the better your case will be.
A law enforcement report is the first piece of paper you need. The police officer who arrives at the accident scene will usually prepare a report. It will provide important information about the accident and the person responsible for it.
If needed, your attorney can use a police report to gather additional evidence. For instance, if the incident took place in a commercial, an employee at that location may have recorded footage of the incident. If this is the case, ask for a copy of the footage from the business.
Record any expenses you have incurred in the aftermath of the accident. Document any expenses you incurred due to. This can include medical bills as well as records of your treatment, medication receipts, rental car charges, in-home assistance or care, transportation costs and more. You should also document any income you lose due to your accident. This can include old pay stubs as well as tax returns.
If you can, get the names of any witnesses to the incident as well. They can be important sources of information in your case, particularly in the event that they are able to be present at trial. It's important to keep in mind that witnesses may alter their narratives and forget specifics about the incident as time passes.
Intake and Investigation
Whether you have filed an insurance claim with an company or are starting legal action against a negligent driver, the process of intake is essential to receive the fair and complete compensation you deserve for your crash injuries. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the accident scene.
This will help them comprehend the severity of your injuries as well as the future and projected costs for your emotional and physical suffering. They will then look over your financial losses to estimate the total value of your case. Your damages can comprise not only 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 all available evidence. They will also collect the driver at fault's driving and cell phone records to see how they used their vehicle at the time of the accident. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, as this could negatively impact the ability of them to pay damages.
In addition to this your lawyer will also ask questions about the defendant's previous criminal and traffic offense history as part of the discovery process. These facts are usually not admissible but could be used to undermine the credibility of the defendant during cross-examination.
The process of negotiating a settlement
After you have obtained the medical records after which your lawyer can start settlement negotiations. The insurance company is likely to make an initial offer that is much lower than the amount you demanded in your letter. This is a way to test how convincing your case is. In your counteroffer it is essential to highlight the most compelling arguments you have in your favor. For instance, you could argue that the insurer was responsible and that there were severe injuries and high medical costs. Eventually, the back and forth negotiation will lead to an amount that is both fair and reasonable.
A skilled accident attorney will effectively argue the merits of your claim including presenting evidence supporting your losses. This could include photos of car damage, police reports or witness testimony. We also know how to determine the value of different elements of your claim, such as loss of income, suffering and pain.
At this point, if the insurance company is still refusing to offer a reasonable amount, we have the option to bring a lawsuit to court. A trial typically lasts about two or three days and can be heard by a judge (called a bench trial) or a jury. If your case is settled prior to this phase, it can take several months. Or, your lawyer may be in a position to file an application for summary judgment. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the other side to win.
Filing an action
In the majority of car crash cases parties can resolve their disagreement without the need for court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. However, if an agreement is not reached Our lawyers will bring a lawsuit against the defendant. The complaint contains your claims and allegations relating to the accident and why you are entitled to compensation. The defendant is served the Complaint, and given a specific amount of time to respond.
During the discovery phase, our attorneys will exchange documents and other materials with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of the events, including what they believe happened during the crash, as well as how they think it occurred and the injuries you've suffered. We will also look for expert opinions to support our assertions.
During the discovery phase, your lawyer may submit legal documents, also known as motions to the court to a judge's decision on. This can include requesting the judge to exclude evidence or schedule a trial. It can take up a year for the discovery process to be completed and a trial date established. This is why it's important to consult with a seasoned Long Island car accident attorney early in the process.
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