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The Intake Process for Car Accident Litigation A lawyer who has experience in litigation involving car accidents will be able to help you determine the potential strength of your case and how much settlement you could receive. But this is only feasible when you have all the necessary information. The initial step in a car crash lawsuit is known as discovery. In this phase attorneys and their teams exchange documents and discuss their respective cases under swearing. Documentation A lot of the work that goes into a car accident investigation is gathering evidence. This could include evidence such photographs, 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 documentation you need is a police report. Typically the police officer who comes to the scene of the accident will write the report, and it will contain important information about how the accident occurred and who was responsible for the incident. Your lawyer may also utilize a law enforcement report to obtain additional evidence if required. If the incident occurred at the business environment for instance an employee might have recorded video footage. If this is the situation, the tape should be requested from the business as quickly as possible. You should also record the costs you have incurred as a result of the accident. This can include medical bills and records of your treatment, receipts from medication rental car costs as well as in-home assistance or care expenses for transportation, and more. In addition, you should record any income loss as a result of your accident. This can include old pay stubs and tax returns. If you can, get the names of witnesses to the accident as well. They may be able to provide valuable information, especially if are able to have them be a witness in court. It is important to remember that witnesses can change their stories over time and they may forget details about the accident. Intake and Investigation The process of intake is vital to getting an adequate amount of compensation for your injuries from an accident regardless of whether you've filed an insurance claim or you are suing the person at fault. Your attorney will begin by reviewing your medical records, as well as obtaining copies accident reports and other evidence. They will also visit and document the accident scene. This information will allow them to understand the extent of the injuries you've suffered as well as the actual and projected costs for your emotional or physical suffering. Then, they will review your current and future financial losses to determine the value of your case. Your damages can comprise not only your current and future medical expenses but also income loss and property damage. Your lawyer will also investigate by interviewing witnesses and analyzing all the available evidence. They will also take the driver at fault's driving records and cell phone records to see what they were doing with their vehicle at the time of the accident. This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was working, as this could impact their ability to cover your damages. As part of the discovery procedure the lawyer will ask about the defendant's criminal and traffic offence records. auto accident attorney oceanside are usually not admissible, but can be used to undermine the credibility of the defendant in cross-examination. Negotiating a Settlement After receiving the medical records, it is possible to start settlement negotiations. The insurance company is likely to make an initial offer that is much less than what you requested in your letter. This is a way to test the credibility of your argument. In your counteroffer, it is crucial to emphasize the most important points that you have to your advantage. For instance, you could argue that the insurance company was at fault and that there were severe injuries as well as the medical costs were high. The process of negotiating back and forth should eventually lead to a fair and reasonable amount. An experienced accident lawyer can successfully argue the merits of your claim, including presenting evidence that supports your losses. This may include photos of the car's damage or a police report, as well as witness testimony. We know how to determine the various elements of your claim like lost income as well as pain and suffering, and police reports. At this point, if the insurance company refuses to provide a reasonable amount, we have the option to start a lawsuit in the courtroom. A trial typically lasts between one and two days, and is conducted by either a judge or jury. If your case is settled before this stage, it can take several months. Your attorney may also be able file a summary motion for judgment. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for the other side to win. Filing an action In the majority of car accident cases parties can resolve their disagreement without going to court. Our team can help you negotiate with the insurance company of the other driver or directly with the driver who is at fault. If an agreement is not reached Our lawyers will bring a lawsuit against the defendant. The complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint, and given a set period of time to reply. During the discovery phase, our lawyers will share documents and other information with the defendant, while asking questions via interrogatories as well as depositions. Our team will inquire to the lawyer representing the defendant about their version of the events, such as what damages you've suffered and what they believe happened. happened. We will also request expert opinions that will support our stance. During the discovery phase, your lawyer may make legal motions to the court to a judge's decision on. This may include requests for the court to block certain evidence, or to set a trial date. It could take up to one year for the discovery process to be completed and a trial date scheduled. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point in the process.