The Intake Process for Car Accident Litigation A lawyer with expertise in car accident litigation can assist you in determining how strong your case is, and how the settlement you receive could be worth. However, this is only possible with all the relevant information. The first step in a lawsuit involving a car accident is called discovery. During this phase attorneys and their teams exchange documents and ask each other questions under swearing. Documentation Documentation is a major part of the work in the event of a car crash. This could include evidence such photos, medical records or witness statements. Generally, the more documentation you have to support your claim, the stronger your case will be. The first piece of evidence 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. It will give valuable information regarding the accident as well as the person responsible for it. Your attorney may also make use of an official report from law enforcement to obtain additional evidence if required. For instance, if an accident happened in a business where employees were present, the location might have recorded footage of the incident. If this is the case, seek a copy from the company. You should also record the expenses you incur in the aftermath of the accident. This can include medical bills and records of your treatment, receipts for medication rental car charges, in-home care or assistance, transportation costs, and much more. Additionally, you must note any income loss because of your accident. This can include old pay slips and tax returns. It is also advisable to find the names of witnesses. They might be able to give valuable details, especially if are able to get them to give evidence in court. However, it is important to keep in mind that witnesses can change their accounts over time, and forget details of the incident. Intake and Investigation If you've filed an insurance firm or are beginning an action against an at-fault driver, the initial intake process is crucial to getting full and fair compensation for your injuries from a crash. Your lawyer will begin by examining your medical records, and obtaining copies accident reports and other evidence. They will also go to and document the scene of the accident. This will help them to determine the severity of the injuries you've suffered, both in terms cost and projections for your emotional or physical suffering. They will then review your financial losses to determine the value of your case. The damages could not be limited to only future and ongoing medical expenses, but also loss of income and property damage. Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and reviewing any available evidence. They will also take the at-fault driver's driving and phone records to determine what they were doing with their vehicle at the time of the crash. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while at work, as this could negatively impact the ability of them to pay damages. In addition to this, your attorney will likely ask questions about the defendant's previous criminal and traffic offence history in the discovery process. Generally, these details are not admissible in court but they could be helpful to undermine the credibility of a defendant during cross examination. Negotiating a Settlement Once you have the medical records after which your lawyer can start negotiations to settle the matter. In the beginning the insurance company will present an offer that is usually considerably lower than what you demand in the letter. This is a method to assess the strength of your case. In the counteroffer it is crucial to emphasize the most important arguments you have in your favor - for example, the insured was at fault and that you suffered severe injuries with the highest medical costs. Then, bargaining back and forth will lead to an amount that is fair and reasonable. A skilled attorney for accidents can effectively argue the merits of your claim including presenting evidence to support your losses. This could include photographs of the damage to your car or a police report, as well as witness testimony. We have the ability to calculate the various components of your claim, including lost income along with pain and suffering as well as a police report. If the insurance company is unwilling to pay an appropriate amount at this point, we can bring a lawsuit. A trial typically lasts between one and two days, and is conducted by a judge or a jury. If your case settles prior to this stage it could take several months. Your attorney may also be able to file a summary motion to enter judgment. This means presenting all of the evidence in your favor and arguing that it's impossible for the other side to win. Filing a Lawsuit In the majority of cases involving car accidents, the parties are able to resolve their disputes outside of court. Our team will help 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 the lawyers of our firm will initiate an action against the defendant. The Complaint will include your claims and details about the cause of the crash and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a particular amount of time to respond to it. The discovery stage 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 pose questions to the lawyer for the defendant about their version of the events, focusing on what damages you've suffered and what they believe happened. happened. We will also look for expert opinions to support our assertions. During the discovery stage, your lawyer will submit legal documents, also known as motions in court to be decided by an individual judge. This could 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 essential to speak with an experienced Long Island auto accident attorney as early as you can during the process.