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The Intake Process for Car Accident Litigation An experienced lawyer in car accident litigation will be able to assist you determine the strength of your case and what settlement amount you might get. However, this is only possible when you have all the necessary information. Discovery is the first stage of a car accident case. In this stage, attorneys and their teams will discuss documents and answer questions under oath. Documentation A significant portion of the work involved in a car crash case is collecting documentation. This may include evidence like medical records, photos, or witness statements. The more evidence you have, the more convincing your case. A law enforcement report is the very first document you need. Typically, the police officer who comes to the scene of the accident will draft an investigation report. This will provide important information about the circumstances of the crash and who was responsible for the incident. If required, your attorney can use an investigation report to collect additional evidence. For example, if the accident happened in a business or office, an employee working at the location may have recorded footage of the incident. If this is the case, you should ask for a copy of the footage from the business. Document any expenses you incurred due to the accident. These could include medical bills and records for your treatment, receipts for medications rental car costs, in-home care or assistance transport costs, and much more. It is important to record any income loss due to your accident. You can utilize old tax returns and pay stubs. If you can, get the names of witnesses to the incident as well. They can be important sources of information in your case, especially in the event that they are able to be a witness in a trial. It's important to keep in mind that witnesses may change their accounts and forget details about the incident over time. Intake and Investigation Whether you have filed an insurance claim with an firm or are beginning a lawsuit against an at-fault driver, the initial intake process is essential to receive an adequate and fair settlement for your crash injuries. Your lawyer will begin by examining your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also visit the scene of the crash to take note of what they can. This will help them to comprehend the extent of the injuries you've suffered in terms of actual and projected costs for your physical or emotional suffering. They will then analyze your financial losses to estimate the total value of your case. The damages could not be limited to just future and present medical expenses, but also your loss of income as well as property damage. Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also take data from the cell phone and driving records of the driver at fault in order to determine how they used their vehicle at that time. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was working while at work, as this could affect the ability of them to pay damages. In addition to this your lawyer will also inquire about the defendant's criminal and traffic offense history in the discovery process. These details are generally not admissible but could be used to undermine the defendant's credibility during cross-examination. Negotiating a Settlement After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations for settlement. Initially the insurance company will present an offer that is often considerably lower than what you demand in the letter. This is a method to see how strong your case. In the counteroffer it is important to highlight the strongest arguments for your side – for instance, that the insured was completely at the fault and that you sustained severe injuries with significant medical expenses. Negotiating back and forth will eventually lead to a fair and reasonable amount. A skilled lawyer for accidents can effectively argue for your claim's merits, by presenting evidence to justify your losses. auto accident lawsuit brockton could include photos of car damage, police reports and witness testimony. We can calculate the various components of your claim, including loss of income along with pain and suffering as well as a police reports. If at this point the insurance company continues to refuse to offer a reasonable amount, we may choose to bring a lawsuit to court. A trial typically lasts one or two days and can be heard by a judge (called a bench trial) or jurors. If your case is settled prior to this stage it could take a few months. Your attorney may also be able file a summary motion to enter judgment. This involves arguing that all evidence is in your favour, and arguing that it's impossible to allow the opposition to prevail. Filing a Lawsuit In the majority of car accident cases, the parties are able to settle their dispute out of court. Our team will help you negotiate with the insurance company of the other driver or directly with the driver who is at fault. If an agreement cannot be reached, our lawyers will initiate an action against the defendant. The Complaint will include your claims and allegations regarding the circumstances of the crash and why you are entitled to compensation. The defendant will be served the Complaint and given a specific time frame to respond to it. The discovery phase is when our lawyers and the defendant will begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their view of the events, focusing on what damages you've suffered and what they believe happened. occurred. We will also look for expert opinions to support our position. During the discovery phase, your lawyer may make legal documents known as motions in court to be decided by the judge. This may include requests for the court to omit certain evidence or to schedule the date for a trial. It can take up one year for the investigation process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible during the process.