The Intake Process for Car Accident Litigation A lawyer with experience in defending car accident cases can help you determine the strengths of your case as well as how much settlement you could get This is only possible if all the information you require is available The initial step in a car accident lawsuit is known as discovery During this phase, attorneys and their teams exchange documents and ask each other questions under an oath Documentation Documentation is a large aspect of the investigation in the event of a car crash This could include evidence such medical records, photos or witness statements The more evidence you have the better your case will be A police report is the first piece of paper you should have Typically the police officer that arrives at the scene of the crash will prepare reports, and these will provide important information about what happened and who was at fault for the incident If necessary your lawyer has the option of using the police report to gather additional evidence For example, if the incident took place in a commercial, an employee at that location may have recorded video footage of the incident If this is the case the tape should be requested from the business as soon as possible You should also document the expenses you incur in the aftermath of the accident These could include medical bills and records of your treatment, receipts for medicines rental car expenses and in-home assistance or care, transportation costs, and more In addition, you should document any lost income due to your injury You can use your old tax returns and pay stubs It is also advisable to find the names of witnesses They may be able to provide valuable information, particularly if you can convince them to give evidence in court However, it is important to keep in mind that witnesses are prone to altering their story over time and may forget details of the accident Intake and Investigation The process of intake is crucial in obtaining an adequate amount of compensation for your injuries sustained in an accident, whether you have submitted an insurance claim or are suing the responsible party Your attorney will start by reviewing your medical documents, as well as copies of accident reports and other evidence They will also go to and document the scene of the accident This information will allow them to comprehend the extent of the harm you've suffered in terms of current and projected costs for your emotional or physical suffering They will then look over your financial losses to estimate the total value of your case Your damages can comprise not only your current and future medical costs but also lost income and property damage Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all available evidence They will also obtain the driving and cell phone records of the at-fault drivers to determine if they were using their vehicle at that time This is particularly important when there was a collision involving an Uber or Lyft car, or any other evidence that suggests the driver was on the clock As part of the process of discovery the lawyer will inquire about the defendant's traffic and criminal offence records These details are generally not admissible in court, but they can be useful to discredit the credibility of the defendant during cross examination The process of negotiating a settlement After obtaining the medical records, your lawyer can begin negotiations to settle the matter The insurance company is likely to make an initial offer that is lower than the amount you demanded in your letter This is an opportunity to determine the strength of your case In your counteroffer, it is important to highlight the strongest arguments in your favor For instance, you can say the insurer was in the wrong and that there were severe injuries as well as expensive medical expenses In the end, a lot of back and forth bargaining should get you to an amount that is both fair and reasonable A skilled attorney for accidents can effectively argue the benefits of your claim, including presenting evidence that supports your losses This could include photographs of the damage to your car along with a police report as well as witness testimony We also know how to calculate the value of each element of your claim, like loss of income, suffering and pain If the insurance company is unwilling to pay an acceptable amount at this point, we could file a lawsuit A trial usually lasts between one and two days It is supervised by a judge called a bench trial or by a jury If https//vimeocom/706723897 settles prior to reaching this phase the process could last months Your attorney might also be able to file a summary motion to enter judgment This is where you present all the evidence to your advantage and arguing that it's impossible for the opposing side to prevail Filing a Lawsuit In a majority of cases involving car accidents parties are able to settle their dispute out of court Our team will work to help you negotiate a settlement with the insurance company of the other driver company or directly with the person at fault If an agreement is not reached, our attorneys will file a suit against the defendant The Complaint will detail your claims and allegations about how the crash occurred and the reasons you are entitled to compensation The defendant will be served with the Complaint and given a specified amount of time to respond to it During the discovery phase, our lawyers will discuss documents and other evidence with the defendant, while asking questions via interrogatories as well as depositions Our team will ask the attorney for the defendant questions about their view of the events, including what they believe happened, how they believe it occurred and the injuries you've sustained We will also look for experts to back our position During the discovery phase, your lawyer may submit legal documents, also known as motions with the court for the decision of an individual judge This can include requesting the court to omit evidence or to schedule a trial It can take a year or more to complete the discovery process and set the date of trial for your case This is why it's crucial to work with an experienced Long Island car accident attorney early in the process