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The Intake Process for Car Accident Litigation A lawyer who has experience in litigation involving car accidents can help you determine the strengths of your case as well as how much settlement you could receive. This is only possible when all the information you require is available. The initial step in a car accident lawsuit is known as discovery. In this stage, attorneys and their teams will communicate with each other and ask questions under the oath. Documentation Documentation is a significant part of the work in a car accident. This could include evidence like photos, medical records, or witness statements. The more evidence you can provide to support your claim, the more convincing your argument will be. The first piece of evidence you should have is a police report. The police officer who arrives at the scene of the accident will typically prepare a report. This will provide valuable details about the accident and the person responsible for it. Your lawyer can also make use of a law enforcement report to seek additional evidence, if needed. For instance, if an incident occurred at a company the employee who worked at that area may have recorded footage of the incident. If this is the situation, the tape should be requested from the business as quickly as is possible. Note any costs you have incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This could include medical expenses as well as records of your treatment, receipts from medication rental car fees, in-home assistance or care, transportation costs and more. Also, you should document any income you lose due to your injury. This can include old pay stubs and tax returns. It is also advisable to get the names of witnesses. These witnesses can be important sources of information in your case, especially if they are able to be a witness in a trial. However, it's important to keep in mind that witnesses can change their stories over time and they may forget details about the accident. Intake and Investigation Whether you have filed a claim with an insurance company or have started legal action against a negligent driver, the process of obtaining an intake is essential for obtaining an adequate and fair settlement for your injuries from a crash. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports and other evidence. They will also go to and document the accident scene. This will help them know the extent of your injuries both in terms of future and anticipated costs for your physical and emotional suffering. Then, they will look at your current and future financial losses to determine the worth of your case. The damages could include not only current and future medical expenses, but also loss of income and property damage. Your lawyer will also investigate the incident, including questioning witnesses and analyzing any available evidence. They will also obtain the driver at fault's driving and phone records to determine how they used their vehicle at the time of the crash. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was at work, as this could negatively impact their ability to cover your damages. Additionally your lawyer will also inquire about the defendant's criminal and traffic offense history during the discovery process. These facts are usually not admissible but could be used to undermine the defendant's credibility in cross-examination. The process of negotiating a settlement After you have obtained the medical records and obtaining the medical records, your lawyer can begin negotiations on settlement. The insurance company will often make an initial offer that is smaller than the amount that you requested in your letter. This is an opportunity to assess the credibility of your argument. In your counteroffer it is crucial to emphasize the most important arguments in your favor. For instance, if you claim that the insurer was at fault and there were severe injuries and significant medical expenses. The process of negotiating back and forth should eventually result in an equitable and reasonable amount. A skilled accident attorney will effectively argue the merits of your case, by presenting evidence to prove your losses. This could include photographs of the car damage or a police report, as well as witness testimony. We also know how to determine the value of each element of your claim, like loss of income, pain and suffering. 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 judged by either a judge or jury. If your case settles prior to this stage it could take a few months. Your attorney may also be able file a summary motion for judgment. This is where you present all the evidence in your favor and arguing that it's impossible for the opposing side to prevail. Filing a Lawsuit In the majority of car accident instances, parties can resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint outlines 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 specific amount of time to respond to it. During the discovery phase, our lawyers will discuss documents and other material with the defendant while asking questions through interrogatories and depositions. Our team will ask questions to the defendant's lawyer about their view of the events, including what injuries you've suffered and what they believe happened. happened. We will also solicit expert opinions that enforce our position. During auto accident attorney tempe , your lawyer can file legal documents known as motions in court to be decided by a judge. This could include requests for the court's decision to exclude certain evidence or to schedule an appointment for trial. It can take as long as one year for the investigation process to be completed and a trial date to be set. It's crucial to consult with an experienced Long Island auto accident attorney as early as possible in the process.