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The Intake Process for Car Accident Litigation A lawyer with experience in litigation involving car accidents will be able to assist you determine the worth of your case and the amount of settlement you can receive. However it is only possible if you have all the information needed. Discovery is the very first step of a car accident case. In this phase attorneys and their teams exchange documents and ask each other questions under swearing. Documentation The majority of the work that goes into a car accident case is obtaining documentation. This can include evidence like photographs, medical records or witness statements. The more evidence you have the more convincing your case will become. A police report is the first piece of paper you need. The police officer who arrives at the accident scene will usually prepare a report. This report will provide important information regarding the accident as well as the person responsible for it. Your attorney can also use an official report from law enforcement to seek additional evidence, if needed. If the accident occurred in the workplace such as a place of business an employee could have recorded video footage. If this is the case, you must seek a copy from the company. It is also important to document the costs you have incurred as a result of the accident. This can include medical bills and records of your treatment, receipts for medications rental car costs as well as in-home care or assistance, transportation costs, and more. It is also important to document any income you lose due to your accident. You can utilize old tax returns and pay stubs. You should also try to find the names of witnesses. They may be able to provide valuable details, especially if are able to have them testify in court. It's important to keep in mind that witnesses may change their narratives and forget specifics about the incident over time. Intake and Investigation The process of intake is crucial to obtaining fair compensation for your injuries from an accident regardless of whether you've made an insurance claim or are suing the party at fault. Your lawyer will begin by looking through your medical records, obtaining copies of accident reports as well as other evidence. They will also visit the scene of the crash to document and observe what they can. This information will help them understand the extent of your injuries in relation to current and projected future costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. Your damages may include not only future and ongoing medical expenses, but also your loss of income as well as property damage. Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing all the available evidence. They will also gather data from the cell phone and driving records of the driver at fault in order to determine how they operated their vehicle at that time. This is particularly important if there was a collision that involved an Uber or Lyft car or any other evidence that suggests the driver was on the clock. Additionally, your attorney will likely inquire regarding the defendant's prior criminal and traffic offense history as part of the discovery process. auto accident attorneys montgomery are generally not admissible in court, however they can be useful to discredit the credibility of the defendant during cross-examination. The process of negotiating a settlement After you have obtained the medical records and obtaining the medical records, your lawyer can begin negotiations for settlement. The insurance company will often make an initial offer that is less than what you requested in your letter. This is a tactic to see how strong your case. In your counteroffer it is crucial to highlight the most powerful arguments you have in your favor. For instance, you could argue that the insurer was responsible and that there were severe injuries and high medical costs. Eventually, the back and forth negotiation should get you to an amount that is both fair and reasonable. An experienced attorney can successfully argue the merits of your claim, including presenting evidence to support your losses. This could include photos of car damage, police reports or witness testimony. We know how to calculate various elements of your claim, such as lost income, pain and suffering and police report. If the insurance company is unwilling to pay an appropriate amount at this point, we can bring a lawsuit. A trial typically lasts between one and two days and is conducted by jurors or a judge. If your case is settled before this point, it can take several months. Or, your lawyer may be eligible to file a motion for summary judge. This means claiming that all evidence is in your favor and arguing that it's impossible for the opponent to prevail. Filing a Lawsuit In the majority of car crash cases parties can resolve their disagreement without going to court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint will include your claims and details about how the accident occurred and the reasons you are entitled to compensation. The defendant is served with the Complaint, and given a specific period of time to reply. During the discovery phase, our attorneys will share documents and other evidence with the defendant while asking questions through interrogatories and depositions. Our team will pose questions to the lawyer for the defendant about their interpretation of the events, such as what injuries you've sustained and the way they believe it happened. We will also seek expert opinions that enforce our position. During the discovery phase, your lawyer may make legal documents known as motions in court to be ruled on by a judge. This may include requests for the court to block certain evidence or to set a trial date. It could take a year or more to complete the process of discovery and to set the trial date for your case. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible in the process.