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The Intake Process for Car Accident Litigation A lawyer with expertise in the area of car accident litigation will help you determine how solid your case is as well as how the settlement you receive could be worth. But, this is only possible if you have all the information needed. Discovery is the very first step of a car accident case. During this stage, attorneys and their teams exchange documents and discuss questions under oath. Documentation Documentation is a large part of the work in an accident. This could include evidence such as photographs, medical records or witness statements. The more documentation that you have the more convincing your case. A law enforcement report is the first piece of paper you need. Typically the police officer who comes to the scene of the accident will prepare reports, and these will give important details about the circumstances of the crash and who was responsible for the incident. If needed, your attorney can use an investigation report to collect additional evidence. For example, if the incident took place in a commercial the employee who worked at that site might have recorded footage of the incident. If this is the case, a copy of the tape must be requested from the company as soon as it is possible. You should also keep track of the expenses you incur in the aftermath of the accident. This could include medical bills and records of your treatment, receipts from medication rental car charges as well as in-home care or assistance as well as transportation costs and much more. In addition, you should document any lost income because of your injury. This can include old pay stubs, as well as tax returns. It is also advisable to get the names of witnesses. They might be able to provide important information, especially if you can get them to appear in court. It is important to keep in mind that witnesses could alter their story and forget details about the accident over time. Intake and Investigation If you've made an insurance firm or are beginning a lawsuit against an at-fault driver, the intake process is essential for obtaining the fair and complete compensation you deserve for your crash injuries. Your lawyer will begin by examining your medical records, obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene. This information will help them determine the extent of your injuries, both in terms of future and current costs for your physical and emotional suffering. They will then review your financial losses to determine the worth of your case. Damages could include not only your current and future medical expenses, but also lost income and property damage. Your lawyer will also investigate and interview witnesses and analyzing the available evidence. They will also gather the driver at fault's driving records and phone records to determine how they were using their vehicle at the time of the crash. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was working while at work, as this could affect their ability to pay your damages. In addition to this, your attorney will likely inquire about the defendant's past criminal and traffic convictions in the discovery process. Generally, these details are not admissible in court, but they can be useful to undermine the credibility of a defendant during cross-examination. Negotiating a Settlement After you've obtained the medical documents then your lawyer will begin settlement negotiations. In the beginning the insurance company may make an offer that is usually substantially lower than the amount you requested in your letter. This is an opportunity to test the credibility of your argument. In the counteroffer, it is important to emphasize the strongest arguments in your favor, for example, that the insured was fully at blame and that you were afflicted with severe injuries with the highest medical costs. In the end, a lot of negotiations back and forth should result in an amount that is reasonable and fair. A skilled accident attorney can effectively argue for the merits of your claim, including presenting evidence that supports your losses. This may include photos of your car damage, police reports or witness testimony. We know how to determine the various elements of your claim, including loss of income as well as pain and suffering, and police report. If the insurance company is unwilling to pay an amount that is reasonable at the moment, we can bring a lawsuit. A trial typically lasts up to two days and is usually ruled by an individual judge (called a bench trial) or a jury. If your case is settled before this point it could take a few months. auto accident attorneys colorado may also be able file a summary motion to dismiss. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the opposing side to win. Filing a Lawsuit In the majority of cases involving car accidents, the parties can settle their dispute out of court. Our team will help you negotiate a settlement with the insurance company of the other driver company or directly with the at-fault party. If there is no agreement our lawyers will bring an action against the defendant. The Complaint will include your claims and allegations regarding how the accident occurred and why you are entitled to compensation. The defendant will be served the Complaint and given a specific period of time to respond. During the discovery phase, our attorneys will discuss documents and other evidence with the defendant and ask questions via interrogatories and depositions. Our team will inquire to the defendant's lawyer about their interpretation of the events, such as what injuries you've sustained and how they believe it occurred. We will also look for experts to back our claims. During the discovery phase, your lawyer could make legal documents known as motions to the court for the decision of an individual judge. This may include requesting the court to block evidence or schedule a trial. It can take a whole year or more to complete the process of discovery and to set the date of trial for your case. This is why it's important to consult with a seasoned Long Island car accident attorney early on in the process.