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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 how strong your case is and how the settlement you receive could be worth. But it is only possible with all the information needed. The first step in a car crash lawsuit is known as discovery. During this phase, attorneys and their teams exchange documents and ask each other questions under swearing. Documentation A large portion of the work that goes into a car accident case is collecting evidence. This could include evidence such photographs, medical records, or witness statements. The more evidence you have the more convincing your case will become. The first piece of evidence you need is a report from the police. The police officer who arrives at the scene of an accident will usually prepare a report. This will provide valuable information about the accident and who was responsible for it. If required your attorney has to use the police report to gather additional evidence. For instance, if the incident occurred in a business or office, an employee working at the area may have recorded video footage of the incident. If this is the case, you should request a copy from the company. Note any costs you have incurred in the aftermath of the accident. This could include medical expenses or records of treatment, medication receipts rental car expenses, in-home assistance or care transport costs, and many more. It is also important to document any income lost due to your injury. You can use your old tax returns and pay stubs. You should also try to obtain the names of witnesses. They might be able to give valuable information, particularly if you are able to get them to give evidence in court. It is important to remember that witnesses can alter their narratives and forget specifics about the incident over time. Intake and Investigation If you've filed an insurance company or are starting legal action against a negligent driver, the initial intake process is essential for obtaining an adequate and fair settlement for the injuries you sustained in a crash. 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 crash to record and observe what they can. This information will assist them understand the extent of your injuries, both in terms of future and projected costs for your physical and emotional suffering. They will then review your financial losses in order to determine the value of your case. Damages could include not just your current and future medical costs, but also lost income and property damage. Your lawyer will also investigate, including interviewing any witnesses and analyzing all available evidence. They will also take the driver who was at fault and their driving cell phone records to see how they used their vehicle at the time of the crash. This is especially important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was at work, as this could negatively impact their ability to pay for your damages. Additionally the lawyer may ask questions about the defendant's previous criminal and traffic convictions during the discovery process. Generally speaking, these facts are not admissible in court, but they can be useful to undermine the credibility of a defendant in cross-examination. The process of negotiating a settlement After obtaining the medical records, your lawyer can begin negotiations on settlement. The insurance company will typically make an initial offer that is much lower than the amount you requested in your letter. This is a strategy to see how strong your case is. In the counteroffer it is crucial to highlight the most powerful arguments you have in your favor – for instance, that the insured was at the fault and that you sustained severe injuries with high medical costs. In the end, bargaining back and forth should result in an amount that is fair and reasonable. An experienced accident lawyer can effectively argue for your claim's merits, by presenting evidence to justify your losses. This could include photos of vehicle damage, police reports and witness testimony. We have the ability to 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 refuses to offer a fair amount, we may choose to start a lawsuit in the courtroom. auto accident lawyer vista lasts up to two days and is supervised by a judge (called a bench trial) or by a jury. If your case is settled prior to this stage it could take a few months. Your lawyer may also be able file a summary judgment motion. This is where you present all the evidence in your favor and arguing that it's impossible for the other side to win. Filing a Lawsuit In the majority of car accident cases, the parties are able to resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the party who is at fault. However, if there is no agreement our lawyers will initiate an action against the defendant. The Complaint outlines your claims and allegations relating to the accident, and explains why you are entitled to compensation. The defendant is served the Complaint, and given a specific amount of time to respond. During the discovery phase, our attorneys will discuss documents and other evidence with the defendant, while asking questions via interrogatories and depositions. Our team will ask questions to the lawyer representing the defendant about their perspective on the events, such as what injuries you've sustained and what they believe happened. occurred. We will also seek expert opinions that enforce our position. During the discovery process, your lawyer could submit legal documents, also known as motions to the court for a judge to decide on. This could include asking the court to omit evidence or set a trial date. It can take a year or more to complete the discovery process and determine a trial date for your case. This is why it's vital to partner with an experienced Long Island car accident attorney at the beginning of the process.