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The Intake Process for Car Accident Litigation A lawyer who specializes in car accident litigation can help you determine the strength of your case is, and how the settlement might be worth. However this is only feasible with all the relevant information. Discovery is the first step of a car accident case. During this phase attorneys and their teams will exchange documents and ask questions under oath. Documentation Documentation is an integral part of the work in a car accident. This could include evidence such photographs, medical records, or witness statements. The more evidence you have the more convincing your case will be. A law enforcement report is the primary document you should have. The police officer who arrives at the scene of an accident will typically prepare a report. It will provide important details about the incident and who was responsible for it. If necessary you need to, your attorney can make use of a police report to gather additional evidence. For auto accident attorney lancaster , if the incident took place in a commercial or office, an employee working at the location might have recorded footage of the incident. If this is the case the tape should be requested from the business as soon as possible. Record any expenses you have incurred in the aftermath of the accident. This could include medical bills and records of your treatment, receipts from medication rental car charges home care or assistance expenses for transportation, and much more. Also, you should document any income loss due to your accident. This could include old pay slips and tax returns. You should also obtain the names of witnesses. These witnesses can be important sources of information in your case, particularly in the event that they are able to be present at trial. But, it's important to remember that witnesses are prone to altering their accounts over time, and they may forget details about the accident. Intake and Investigation If you've filed an insurance company or are preparing a lawsuit against an at-fault driver, the process of intake is essential to obtaining the fair and complete compensation you deserve for your injuries from a crash. Your attorney will start by looking over your medical treatment documents, as well as copies of accident reports and other evidence. They will also go to and document the accident scene. This will help them determine the extent of your injuries in relation to future and projected costs for your physical and emotional suffering. Then, they will review your current and future financial losses to determine the value of your case. The damages you incur could include not only your present and future medical costs, but also lost income and property damage. Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any available evidence. They will also obtain the driving and cell phone records of the drivers who were at fault to see how they used their vehicle at that time. This is especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was at work, as it could affect their ability to pay your damages. As part of the discovery procedure Your lawyer will inquire about the defendant's traffic and criminal offence records. These details are generally not admissible in court but they can be useful to undermine the credibility of a defendant during cross examination. The process of negotiating a settlement After receiving the medical records, it is possible to begin settlement negotiations. Initially the insurance company will offer an offer that is usually substantially lower than the amount you requested in your letter. This is an opportunity to assess the strength of your argument. When you counteroffer, it's essential to highlight the most compelling arguments you have to your advantage. For instance, you can say the insurer was responsible and that there were severe injuries and significant medical expenses. The process of negotiating back and forth should eventually lead to an equitable and reasonable amount. A skilled accident lawyer can successfully argue your claim's merits, by presenting evidence to justify your losses. This could include photos of the damage to your car or a police report, as well as witness testimony. We also know how to determine the value of various elements of your claim, including loss of income, pain and suffering. If the insurance company is unwilling to pay an amount that is reasonable at this point, we may bring a lawsuit. A trial usually lasts between one and two days and is conducted by either a judge or jury. If your case settles before this point, it can take several months. Alternatively, your attorney may be able to file a motion for summary judge. This is a way of claiming that all evidence is in your favor, and arguing that it's impossible for the opposing side to win. Filing an action In a majority of car accident cases parties can settle their dispute out of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the person who is at fault. However, if an agreement is not reached Our lawyers will bring a lawsuit against the defendant. The Complaint will contain your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served with the Complaint and given a particular timeframe to respond. During the discovery phase, our lawyers will share documents and other evidence with the defendant while asking questions via interrogatories and depositions. Our team will ask the defendant's attorney questions about their view of the events, including what they believe happened, how they believe it occurred and the injuries you have suffered. We will also seek expert opinions to support our position. During the discovery phase, your lawyer may file legal documents called motions to the court for a judge to decide on. These could include requests to the court's decision to exclude certain evidence or set an appointment for trial. It can take up one year for the discovery process to be completed and a trial date scheduled. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible during the process.