The Intake Process for Car Accident Litigation A lawyer who is specialized in the area of car accident litigation will help you determine how solid your case is, and how the settlement you receive could be worth But this is only feasible when you have all the necessary information The first step in a lawsuit involving a car accident is called discovery During this stage, attorneys and their teams exchange documents and ask each other questions under oath Documentation A significant portion of the work involved in a car accident case is collecting evidence This can include evidence like medical records, photos, or witness statements Generally speaking, the more evidence you can provide to support your claim, the stronger your argument will be A police report is the first document you should have Typically the police officer who arrives at the scene of the accident will prepare an investigation report This will provide important information about the circumstances of the crash and who was at fault for the incident Your lawyer can also make use of a law enforcement report to obtain additional evidence, if needed For example, if the accident happened in a business, an employee at that area may have recorded video footage of the incident If that's the case, a copy of the tape must be requested from the business as quickly as it is possible You should also keep track of the expenses you incur as a result of the accident This can include medical bills, records of your treatment, receipts from medications rental car expenses and in-home care or assistance as well as transportation costs It is important to record the loss of income due to your accident This could include old pay stubs as well as tax returns If you can, collect the names of witnesses to the accident as well They may be able to give valuable information, especially if you can get them to testify in court It is important to keep in mind that witnesses may change their accounts and forget details about the accident over time Intake and Investigation The intake process is essential in obtaining an adequate amount of compensation for your accident injuries, whether you have made an insurance claim or are suing the at-fault party Your lawyer will begin by reviewing your medical records and then obtaining copies of accident reports and other evidence They will also go to the scene of the accident to document and observe what they can This will allow them to comprehend the extent of the harm you've suffered as well as the cost and projections for your physical or emotional suffering They will then review your current and future financial losses in order to determine the value of your case The damages you incur could include not only your current and future medical expenses as well as lost income and property damage Your lawyer will also investigate by interviewing witnesses and analyzing all the available evidence They will also gather the at-fault driver's driving and phone records to determine the way they used their vehicle at the time of the collision This is particularly important when there was a collision with an Uber or Lyft car or any other evidence that suggests the driver worked while on the clock As part of the discovery process, your lawyer will also ask about the defendant's traffic and criminal conviction records Generally, these details are not admissible in court but they can be useful to discredit the credibility of the defendant during cross-examination Negotiating a Settlement After you've obtained the medical documents then your lawyer will begin negotiations on settlement https//vimeocom/706723623 is likely to make an initial offer that is lower than the amount you requested in your letter This is a method to test how convincing your case When you counteroffer, it's important to highlight the strongest points you have in your favor For example, the insurer was responsible and that there were severe injuries and expensive medical expenses Negotiating back and forth should eventually result in a fair and reasonable amount An experienced accident lawyer can successfully argue the merits of your claim, by presenting evidence to prove your losses This may include photos of the damage to your vehicle, a police report and witness testimony We can calculate various aspects of your claim such as lost income or pain and suffering, as well as police report If, at this point, the insurance company continues to refuse to offer a fair amount, we may choose to start a lawsuit in the courtroom A trial typically lasts between one and two days and is judged by an attorney or a jury If your case is settled before this point it could take several months Your attorney may also be able to file a summary motion for judgment This involves asserting all of the evidence in your favor and arguing that it is impossible for the other side to prevail Filing a Lawsuit In the majority of cases involving car accidents, the parties are able to settle their dispute out of court Our team will help you negotiate a settlement with the insurance company or directly with the party at fault If a settlement isn't reached, our attorneys will file a suit against the defendant The Complaint will outline your assertions and allegations regarding how the accident occurred and the reasons you are entitled to compensation The defendant is served with the Complaint and given a specified amount of time to answer The discovery stage is when our lawyers and the defendant begin to exchange documents and other material while asking questions through interrogatories or depositions Our team will ask the defendant's attorney questions about their view of events, focusing on how they believe the crash occurred and what injuries you've suffered We will also seek expert opinions that will support our stance During the discovery phase, your lawyer can prepare legal documents referred to as motions with the court to be ruled on by the judge This may include requesting the judge to exclude evidence or set a trial date It can take a whole year or more to complete the discovery process and set a trial date for your case It is crucial to talk with an experienced Long Island auto accident attorney as early as you can during the process