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The Intake Process for Car Accident Litigation A lawyer who is experienced in litigation involving car accidents will be able to assist you determine the potential strength of your case and how much settlement you could get. However, this is only possible if you have all the necessary information. Discovery is the first stage of a car accident case. In this stage, attorneys and their teams discuss documents and answer questions under oath. Documentation A lot of the work involved in a car accident case is collecting evidence. This could be evidence like photographs, medical records or witness statements. Generally speaking, the more evidence you have to back your claim, the stronger your claim will be. The first document you should have is a law enforcement report. The police officer who arrives at the scene of an accident is likely to prepare a written report. This report will provide important information regarding the accident as well as the person responsible for it. If necessary you need to, your attorney can make use of the police report to gather additional evidence. If the accident happened in the business environment for instance an employee could have recorded video footage. If this is the situation, the tape must be requested from the business as soon as possible. Keep track of any expenses you incur in the aftermath of the accident. Record any costs you incur due to. This could include medical bills and records of your treatment, receipts for medication rental car costs and in-home assistance or care as well as transportation costs and more. It is also important to document any income you lose due to your injury. This can include old pay stubs as well as tax returns. If you are able, obtain the names of any witnesses to the incident as well. They may be able to provide valuable details, especially if can get them to appear 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 Whether you have made an insurance company or are starting legal action against a negligent driver, the process of obtaining an intake is essential to receive the full and fair amount of compensation for the accident injuries. Your lawyer will begin by reviewing your medical documents, and then obtaining copies accident reports as well as other evidence. They will also visit and document the scene of the accident. This information will allow them to comprehend the severity of your injuries both in terms of current and projected future costs for your physical and emotional suffering. They will also review your existing and expected financial losses to estimate the total value of your case. The damages could include not just future and present medical expenses, but also loss of income as well as property damage. Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also take the driver at fault's driving and phone records to determine how they were using their vehicle at the time of the crash. This is especially important in the event that there was a collision involving an Uber or Lyft car, or any other indication that the driver was working around the clock. Additionally, your attorney will likely inquire about the defendant's previous criminal and traffic offense history as part of the discovery process. These facts are usually not admissible, however they can be used to undermine the defendant's credibility during cross-examination. The process of negotiating a settlement After obtaining the medical records after which your lawyer can start settlement negotiations. The insurance company may make an initial offer that is much less than the amount you demanded in your letter. This is a method to determine how strong your case. When you counteroffer, it's important to highlight the strongest points that you have in your favor. For instance, you could argue that the insurance company was in the wrong and that there were serious injuries and expensive medical expenses. Negotiating back and forth will eventually lead to a fair and reasonable amount. A skilled accident lawyer can successfully argue your claim's merits, by presenting evidence to justify your losses. This could include photographs of the damage to your car or a police report, as well as witness testimony. We know how to calculate various elements of your claim, such as loss of income along with pain and suffering as well as a 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 usually lasts for up to two days and is either heard by an individual 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 to file a summary motion for judgment. This is a way of claiming that all evidence is in your favor, and arguing 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 person at fault. If auto accident attorney union city can be reached, our lawyers will file a suit against the defendant. The complaint contains your claims and allegations relating to the accident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified time frame to respond. The discovery phase is when our lawyers and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, including how they believe the crash occurred and the injuries you've suffered. We will also search for expert opinions to support our position. During the process of discovery, your lawyer may submit legal documents known as motions to the court for a judge to decide on. This may include requests for the court's decision to exclude certain evidence or to set an appointment for trial. It can take up an entire year for the discovery 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.