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The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car accident litigation will help you determine how solid your case is and also how the settlement you receive could be worth. But this is only feasible if you have all the relevant information.

Discovery is the first stage of an punta gorda auto accident lawyer accident case. During this phase attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

A lot of the work involved in a car wreck case is obtaining documentation. This could be evidence like photographs, medical records or witness statements. Generally, the more documentation you have to back your claim, the stronger your claim will be.

A law enforcement report is the primary document you need. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will give valuable details about the incident and who was responsible for it.

Your lawyer can also make use of an official report from law enforcement to obtain additional evidence, if needed. For instance, if the incident occurred at a company where employees were present, the location may have recorded video footage of the incident. If this is the case, you should request a copy of the video from the company.

Keep track of any expenses you incur because of the accident. Document any expenses you incurred due to. This could include medical bills or records of treatment, receipts from medication, rental car charges and in-home care or assistance, transportation costs and more. It is important to record the loss of income due to your accident. This can include old pay stubs as well as tax returns.

If you are able to, request the names of witnesses to the accident as well. They may be able to provide important details, especially if are able to have them testify in court. However, it's important to remember that witnesses can alter their accounts over time, and may forget details of the incident.

Intake and Investigation

The process of intake is vital to obtaining fair settlement for your solvay auto accident lawsuit-related injuries, whether you have filed a claim with an insurance company or are suing the at-fault party. Your attorney will start by reviewing your medical treatment records, and obtaining copies of accident reports as well as other evidence. They will also go to and document the scene of the accident.

This information will allow them to determine the extent of your injuries both in terms of future and anticipated costs for your emotional and physical suffering. They will then look over your existing and expected financial losses to estimate the value of your case. The damages could not be limited to just future and present medical expenses, but also your lost income and property damage.

Your lawyer will also investigate by interviewing witnesses and analyzing all available evidence. They will also collect the driving and cell phone records of the drivers at fault to see how they used their vehicle at the time. This is particularly important if there was a collision involving an Uber or Lyft vehicle or any other indication that the driver worked while on the clock.

In addition to this, your attorney will likely ask questions about the defendant's previous criminal and traffic-related offenses during the discovery process. These information is generally not admissible, however they can be used to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After receiving the medical records, you're able to begin settlement negotiations. In the beginning the insurance company may make an offer which is usually substantially lower than the amount you demand in the letter. This is a tactic to determine how strong your case. In the counteroffer, it is crucial to highlight the most powerful points in your favor - for example, that the insured was fully at the fault and that you sustained severe injuries with the highest medical costs. Negotiating back and forth should eventually result in a fair and reasonable amount.

An experienced accident lawyer can effectively argue the merits of your case, by presenting evidence to prove your losses. This may include photos of the car damage as well as a police report and [empty] witness testimony. We also know how to calculate the value of different elements of your claim, such as lost income and pain and suffering.

At this point, if the insurance company continues to refuse to offer a fair amount, we can decide to make a claim in court. A trial usually lasts one or two days and is usually ruled by an individual judge (called a bench trial) or by jurors. If your case is settled before reaching this phase the process could take months. Or, your lawyer may be in a position to file a motion for summary judge. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car crash cases, the parties can resolve their disputes outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. If no agreement is reached, our lawyers will file a suit against the defendant. The Complaint outlines your claims and allegations about the accident and why you are entitled to compensation. The defendant is served with the Complaint and given a set amount of time to respond.

During the discovery phase, our lawyers will discuss documents and other information with the defendant and ask questions via interrogatories as well as depositions. Our team will be asking questions to the lawyer of the defendant regarding their perspective on the events, including the injuries you have suffered and how they believe it took place. We will also seek expert opinions to support our position.

During the discovery stage, your lawyer will submit legal documents, also known as motions in court for a decision by the judge. This could include asking the judge to exclude evidence or schedule a trial. It could take up to one year for the discovery process to be completed and a trial date established. It is essential to speak with an experienced Long Island marysville auto accident lawyer accident attorney as early as possible during the process.