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The Intake Process for Car Accident Litigation A lawyer who is specialized in the field of car accident litigation can help you determine the strength of your case is and also how the settlement may be worth. However this is only possible when you have all the relevant information. The initial step in a car accident lawsuit is called discovery. In this phase, attorneys and their teams communicate with each other and ask questions under the oath. Documentation Documentation is a large aspect of the investigation in a car accident. This could include evidence such as medical records, photos or witness statements. In general, the more evidence you have to back your claim, the stronger your claim will be. A police report is the very first document you need. auto accident law firm thousand oaks who arrives at the accident scene is likely to prepare a written report. This report will provide important details about the incident and who was responsible. Your attorney can also use the report of a law enforcement officer to obtain additional evidence in the event of need. If the incident occurred at the workplace such as a place of business, an employee may have recorded video footage. If this is the case, a copy of the tape should be requested from the company as soon as it is possible. Keep track of any expenses you incur because of the accident. Document all expenses you have incurred as a result of. This could include medical bills and records of your treatment, medication receipts, rental car charges for in-home assistance, care at home transport costs, and many more. In addition, you should note any income loss because of your accident. This could include old pay stubs as well as tax returns. You should also try to get the names of witnesses. They may be able provide valuable information, particularly if you can get them to testify in court. It's important to remember that witnesses may alter their stories and forget details regarding the accident as time passes. Intake and Investigation If you have filed an insurance company or have started an action against the at-fault driver, the initial intake process is essential to receive an adequate and fair settlement for the injuries you sustained in a crash. Your attorney will start by looking over your medical treatment documents, and then obtaining copies accident reports, and other evidence. They will also go to and document the scene of the accident. This information will enable them to comprehend the extent of the injuries you've suffered in relation to future and current costs for your emotional or physical suffering. Then, they will review your financial losses to determine the value of your case. The damages could not be limited to just future and present medical expenses, but also your lost income and property damage. Your lawyer will also conduct an investigation and interview witnesses and analyzing all available evidence. They will also gather driving and cell phone records of the drivers at fault to determine how they operated their vehicle during the time. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while at work, as it could affect their ability to pay your damages. As part of the process of discovery, your lawyer will also ask about the defendant's criminal and traffic conviction records. These details are generally not admissible, but they could be used to undermine the credibility of the defendant during cross-examination. Negotiating a Settlement After obtaining the medical records, your lawyer can begin negotiations on settlement. Initially, the insurance company will offer an offer that is often considerably lower than what you demand in the letter. This is a way to test how convincing your case is. In the counteroffer it is crucial to emphasize the most important arguments for your side – for example, that the insured was completely at blame and that you were afflicted with serious injuries that resulted in high medical costs. Negotiating back and forth will eventually result in an equitable and reasonable amount. A skilled accident lawyer can effectively argue for your claim's merits, including presenting proof to support your losses. This may include photos of the car damage or a police report, as well as witness testimony. We also know how to calculate the value of different elements of your claim, like loss of income, suffering and pain. If the insurance company refuses to pay a reasonable amount at this point, we can start a lawsuit. A trial usually lasts about two or three days and is usually ruled by a judge (called a bench trial) or by a jury. If your case is settled prior to this phase it could take several months. Or, your lawyer may be capable of filing a motion for summary judgment. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to win. Filing an action In the majority of car accident cases parties can settle their disputes without going to court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will include your claims and allegations regarding how the crash occurred and the reasons you are entitled to compensation. The defendant is served the Complaint and given a certain time frame to respond. During the discovery phase, our attorneys will discuss documents and other materials with the defendant while asking questions through interrogatories and depositions. Our team will ask the defendant's attorney questions about their view of events, including what they believe happened, how they believe it occurred and what injuries you've suffered. We will also seek out expert opinions that enforce our position. During the discovery stage, your lawyer will make legal documents known as motions with the court for a decision by an individual judge. This may include requesting the court to omit evidence or schedule a trial. It can take a year or more to complete the discovery process and determine the date of trial for your case. It's crucial to consult with an experienced Long Island auto accident attorney as early as you can during the process.