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The Intake Process for Car Accident Litigation An experienced lawyer in defending car accident cases will be able to assist you determine the potential strength of your case and what settlement amount you might get. However, this is only possible with all the necessary information. The first step in a car crash lawsuit is known as discovery. In this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath. Documentation Documentation is a large part of the work in an auto accident. This could include evidence such as medical records, photos, or witness statements. The more documentation that you have, the more convincing your case. The first piece of evidence you should have is a report from the police. Typically, the police officer who arrives at the scene of the crash will prepare reports, and these will give important details about how the accident occurred and who was responsible for the incident. If required your lawyer has the option of using an investigation report to collect additional evidence. For instance, if an incident occurred at a company, an employee at that area may have recorded video footage of the incident. If this is the case the tape should be requested from the company as soon as it is possible. Keep track of any expenses you incur in the aftermath of the accident. These could include medical bills as well as records of your treatment, receipts from medications, rental car charges as well as in-home assistance or care transport costs, and many more. Also, you should document any income lost due to your accident. You can utilize old tax returns and pay stubs. If you can, get the names of any witnesses to the incident as well. These people may be able to give valuable information, especially if are able to have them give evidence in court. It's important to remember that witnesses can alter their story and forget details about the incident as time passes. Intake and Investigation The intake process is essential in obtaining fair compensation for your accident injuries regardless of whether you've filed an insurance claim or are suing the responsible party. Your lawyer will begin by reviewing your medical records, obtaining copies of accident reports as well as other evidence. They will also go to the scene of the accident to document and observe what they can. This will allow them to understand the extent of the harm you've suffered in terms of cost and projections for your emotional or physical suffering. Then, they'll review your current and future financial losses in order to estimate the value of your case. The damages could include not only future and ongoing medical expenses, but also your loss of income as well as property damage. Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all the available evidence. They will also gather information about the driving habits and cell phones of the drivers who were at fault to determine if they were using their vehicle at that time. This is particularly important when there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was working around the clock. In addition to this your lawyer will also ask questions about the defendant's criminal and traffic-related offenses as part of the discovery process. These details are generally not admissible in court but they can be useful to impeach the defendant's credibility during cross-examination. Negotiating a Settlement After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations on settlement. In the beginning, the insurance company will present an offer which is usually significantly lower than the amount you have requested in the letter. auto accident lawsuit washington is a way to see how strong your case is. In the counteroffer, it's crucial to emphasize the most important arguments for your side – for example, the insured was entirely at the fault, and that you suffered severe injuries with significant medical expenses. In the end, negotiations back and forth will result in an amount that is both reasonable and fair. An experienced accident lawyer will effectively argue the merits of your claim, including presenting evidence that supports your losses. This could include photos of vehicle damages, police reports and witness testimony. We know how to calculate various aspects of your claim, such as loss of income along with pain and suffering as well as a police report. If the insurance company is unwilling to pay a reasonable amount at the moment, we can make a claim. A trial usually lasts up to two days and is usually ruled by a judge (called a bench trial) or a jury. If your case settles prior to reaching this stage the process could last months. Your attorney may also be able file a summary judgment motion. This is a way of presenting all the evidence in your favor and arguing that it's impossible for the other side to prevail. Filing an action In a majority of cases involving car accidents parties can resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. However, if an agreement is not reached, our lawyers will initiate a lawsuit against the defendant. The Complaint will include your claims and details about how the accident occurred and the reason you should be compensated. The defendant is served the Complaint, and given a specific amount of time to respond. During the discovery phase, our lawyers will share documents and other materials with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions about their version of the events, including what they believe happened during the crash, as well as how they think it happened and what injuries you've suffered. We will also seek out expert opinions that support our position. During the discovery phase, your lawyer may file legal documents known as motions with the court to be ruled on by a judge. These could include requests to the court to block certain evidence or set a trial date. It can take up to one year for the discovery process to be completed and a trial date established. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible in the process.