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A lawyer with experience in car accident litigation can help you determine the strength of your case and the amount of settlement you can get. However this is only possible if you have all the information needed.
The first step in a car crash lawsuit is known as discovery. During this stage, attorneys and their teams will discuss documents and answer questions under the oath.
Documentation
A lot of the work involved in a car crash case is obtaining documentation. This may include evidence like photos, medical records, or witness statements. The more evidence you have to support your claim the stronger your case will be.
The first piece of evidence you need is a police report. Typically the police officer that comes to the scene of the crash will prepare an investigation report. This will give important details about how the accident occurred and who was at fault for the incident.
If required your lawyer has the option of using the police report to gather additional evidence. If the accident occurred in an office for instance, an employee may have recorded video footage. If this is the case, the tape must be requested from the business as soon as possible.
Note any costs you have incurred as a result of the accident. Document any expenses you incurred due to. These could include medical bills and records of your treatment, receipts from medication rental car charges, in-home care or assistance expenses for transportation, and many more. Additionally, you must keep track of any income loss due to your accident. This can include old pay stubs and tax returns.
If you are able, obtain the names of witnesses to the accident as well. They could be important sources of information in your case, particularly when they can testify at trial. But, it's important to keep in mind that witnesses may alter their story over time and forget details of the auto accident attorney.
Intake and Investigation
If you have made an insurance claim with an company or are preparing an action against an at-fault driver, the process of intake is essential to obtaining full and fair compensation for your crash injuries. Your attorney will start by reviewing your medical treatment documents, and then obtaining copies accident reports and other available evidence. They will also visit the scene of the accident to document and observe what they can.
This will allow them to understand the extent of the injuries you've suffered as well as the cost and projections for your physical or emotional suffering. They will then review your financial losses to estimate the total value of your case. The damages you incur could include not only your current and future medical expenses, but also lost income and property damage.
Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any available evidence. They will also gather the driver at fault's driving and cell phone records to see what they were doing with their vehicle at the time of the crash. This is particularly important when there was a collision that involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working around the clock.
As part of the discovery procedure Your lawyer will inquire about the defendant's criminal and traffic record of offenses. In general, these information are not admissible in court but they could be helpful to discredit the credibility of the defendant in cross-examination.
The process of negotiating a settlement
Once you have received the medical records, you are able to begin settlement negotiations. In the beginning the insurance company will present an offer which is usually much lower than what you have requested in the letter. This is a way to test the strength of your case. In the counteroffer, you must be crucial to emphasize the most important arguments you have in your favor - for example, the insured was entirely at fault and that you suffered severe injuries with high medical costs. Eventually, back and forth bargaining will result in an amount that is reasonable and fair.
A skilled attorney for accidents can effectively argue for the merits of your claim by presenting evidence to prove your losses. This may include photos of your car damage, police reports and witness testimony. We also know how to calculate the value of each element of your claim, including lost income and suffering and pain.
If at this point the insurance company still refuses to provide a reasonable amount, we can choose to bring a lawsuit to court. A trial typically lasts between one and two days, and is ruled on by an attorney or a jury. If your case settles before reaching this stage, the process can take months. Your attorney may also be able to file a summary judgment motion. This is where you present all the evidence to your advantage and arguing that it is impossible for the opposing side to prevail.
Filing an action
In the majority of car crash cases, the parties are able to settle their disputes 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. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will outline your claims and allegations regarding how the accident occurred and the reasons you are entitled to compensation. The defendant is served the Complaint, and given a certain amount of time to respond.
During the discovery phase, our attorneys will discuss documents and other evidence with the defendant and ask questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, focusing on how they believe the crash took place and what injuries you've sustained. We will also search for experts to back our position.
During the discovery phase, your lawyer can prepare legal documents referred to as motions with the court to be decided by the judge. This may include requests for the court's decision to exclude certain evidence, or to set an appointment for 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 imperative to speak with an experienced Long Island auto accidents accident lawsuits (http://gpnmall.gp114.net) accident attorney as early as possible during the process.
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