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The Intake Process for Car Accident Litigation An experienced lawyer in litigation involving car accidents can help you determine the strengths of your case as well as what settlement amount you might get. However this is only feasible when you have all the information needed. Discovery is the initial step of a car accident case. In this phase attorneys and their teams exchange documents and ask each other questions under an oath. Documentation Documentation is an integral element of the event of a car crash. This could include evidence such as photos, medical records, or witness statements. The more documentation that you have, the better your case will be. The first piece of documentation you need is a police report. Typically the police officer that arrives at the scene of the accident will draft a report, and this will give important details about how the crash occurred and who was responsible for the incident. auto accident law firm st george may also utilize a law enforcement report to obtain additional evidence, if needed. For instance, if an incident occurred at a company or office, an employee working at the area may have recorded footage of the incident. If this is the situation, the tape should be requested from the business as soon as it is possible. Note any costs you have incurred as a result of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records for your treatment, receipts for medicines rental car costs home care or assistance expenses for transportation, and many more. Additionally, you must record any income loss because of your accident. You can use old tax returns and pay stubs. If you can, get the names of any witnesses to the accident as well. These witnesses can be valuable sources of information for your case, particularly those who are able to be present at trial. However, it is important to keep in mind that witnesses can change their story over time and could forget specific details about the incident. Intake and Investigation Whether you have filed an insurance claim with an company or have started legal action against a negligent driver, the process of intake is essential for obtaining the fair and complete compensation you deserve for the accident injuries. Your lawyer will begin by reviewing your medical records, and obtaining copies of accident reports as well as other evidence. They will also visit the site of the accident to document and observe what they can. This information will assist them understand the extent of your injuries in relation to current and projected future costs for your physical and emotional suffering. They will then review your current and future financial losses to determine the worth of your case. Your damages may include not 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 gather information about the driving habits and cell phones of the drivers at fault to see how they used their vehicle at the time. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was working while on the job, as this could impact the ability of them to pay damages. In addition to this the lawyer may ask questions about the defendant's previous criminal and traffic-related offenses during the discovery process. These information is generally not admissible, but they could be used to undermine the credibility of the defendant during cross-examination. Negotiating a Settlement After you've obtained the medical documents then your lawyer will begin negotiations for settlement. The insurance company will often make an initial offer that is much lower than the amount you requested in your letter. This is a tactic to assess how strong your case is. In the counteroffer it is crucial to highlight the most powerful arguments in your favor, for instance, that the insured was entirely at the fault, and that you suffered severe injuries with high medical expenses. Then, the back and forth negotiation should get you to an amount that is fair and reasonable. An experienced accident lawyer can effectively argue for your claim's merits, including presenting evidence to back your losses. This could include photographs of the damage to your vehicle as well as a police report and witness testimony. We also know how to determine the value of different elements of your claim, including lost income and suffering and pain. If the insurance company is unwilling to pay an acceptable amount at this point, we can make a claim. A trial typically lasts up to two days and is either heard by a judge (called a bench trial) or by a jury. If your case is settled before this point, it can take several months. In addition, your attorney might be able to file a motion for summary judgement. This means presenting all of the evidence in your favor and arguing that it's impossible for the other side to prevail. Filing a Lawsuit In a majority of cases involving car accidents parties are able to resolve their disputes outside of court. Our team will assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the person at fault. However, if an agreement cannot be reached the lawyers of our firm will initiate an action against the defendant. The complaint contains your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served the Complaint, and given a specified amount of time to answer. The discovery phase is where our attorneys and the defendant begin to exchange documents and other information and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, such as the circumstances under which they believe the crash took place and what injuries you've sustained. We will also seek out expert opinions that enforce our position. During the process of discovery, your lawyer can make legal motions to the court for a judge's ruling on. This may include requests for the court's decision to exclude certain evidence or set an appointment for trial. It can take a whole year or more to complete the discovery process and establish an appointment date for your case. This is why it's vital to consult with a seasoned Long Island car accident attorney early in the process.