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A Good Rant About Auto Accident Claim

The Intake Process for Car Accident Litigation

A lawyer who is specialized in car westmont auto accident attorney litigation can help you determine how strong your case is, and how the settlement you receive could be worth. But this is only feasible when you have all the relevant information.

Discovery is the first stage of a car accident case. In this phase, attorneys and their teams will communicate with each other and ask questions under oath.

Documentation

The majority of the work involved in a car wreck case is collecting documentation. This could include evidence such as photos, medical records or witness statements. Generally, the more documentation you have to back your claim, the more convincing your argument will be.

The first piece of documentation you should have is a police report. The police officer who arrives at the scene of an accident is likely to prepare a written report. This will provide valuable information about the accident and who was responsible for it.

If required you need to, your attorney can make use of a police report to gather additional evidence. If the accident happened in the business environment for instance employees may have recorded video footage. If this is the case, you should seek a copy from the company.

Keep track of any expenses you incur in the aftermath of the accident. Document all expenses you have incurred as a result of. This could include medical bills and records for your treatment, receipts for medication rental car charges as well as in-home care or assistance transport costs, and more. Additionally, you must keep track of any income loss due to your injury. You can use tax returns and pay stubs.

You should also try to get the names of witnesses. They can be important sources of information in your case, particularly in the event that they are able to testify at trial. However, it is important to remember that witnesses can alter their testimony over time and forget details of the accident.

Intake and Investigation

If you have made an insurance company or have started legal action against a negligent driver, the initial intake process is essential to obtaining full and fair compensation for your crash injuries. 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 the scene of the crash to take note of what they can.

This information will allow them to assess the severity of injuries you have suffered in relation to future and current costs for your emotional or physical suffering. They will then review your existing and expected financial losses to determine the total value of your case. The damages could include not only your current and future medical costs but also lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and reviewing any available evidence. They will also collect the driver who was at fault and their driving phone records to determine what they were doing with their vehicle at the time of the crash. This is especially important in the event that there was a collision that involved an Uber or Lyft car, or any other indication that the driver was on the clock.

As part of the process of discovery as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal record of offenses. These information is generally not admissible, but can be used to undermine the defendant's credibility in cross-examination.

Negotiating a Settlement

After you have received your medical records, you are able to begin settlement negotiations. In the beginning the insurance company will offer an offer which is usually considerably lower than what you have requested in the letter. This is a tactic to test how convincing your case is. In the counteroffer, it is crucial to highlight the most powerful arguments you have in your favor - for example, the insured was completely at the fault, and that you suffered severe injuries with the highest medical costs. Then, negotiations back and forth should result in an amount that is fair and reasonable.

A skilled attorney can effectively argue for your claim's merits, including presenting proof to support your losses. This may include photos of the car damage, a police report and witness testimony. We also know how to determine the value of different elements of your claim, such as lost income and pain and suffering.

At this point, if the insurance company still refuses to offer a reasonable amount, we may choose to make a claim in court. A trial typically lasts between one and two days and is heard either by a judge or a jury. If your case settles before this stage it can take a few months. Your attorney might also be able file a summary motion to dismiss. This is a way of claiming that all evidence is in your favor and arguing that it's impossible for the opposing side to prevail.

Filing a Lawsuit

In a majority of car accident cases parties are able to settle their disputes outside of court. Our team will help you negotiate a settlement with the insurance company of the other driver company or directly with the party at fault. If an agreement is not reached, our lawyers will file a lawsuit against the defendant. The Complaint will include your assertions and allegations regarding how the accident occurred and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a specific timeframe to respond to it.

The discovery phase is when our lawyers and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their interpretation of the events, such as what injuries you've sustained and the way they believe it took place. We will also request expert opinions to support our position.

During the discovery process your lawyer may file legal documents called motions to the court to a judge's decision on. This can include requests for the court to omit certain evidence or set the date for a trial. It can take as long as a year for the discovery process to be completed and a trial date to be set. This is why it's vital to find a knowledgeable Long Island car accident attorney early in the process.

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