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The Intake Process for Car Accident Litigation A lawyer who has experience in car accident litigation will be able to assist you determine the strength of your case and the amount of settlement you can get. But this is only feasible with all the information needed. Discovery is the very first step of a car accident case. In this phase, attorneys and their teams will exchange documents and ask questions under oath. Documentation A lot of the work involved in a car wreck investigation is gathering evidence. This could include evidence such photographs, medical records or witness statements. The more documentation that you have the better your case will be. A law enforcement report is the very first document you should have. The police officer who arrives at the scene is likely to prepare a written report. This will provide valuable details about the incident and who was responsible for it. If needed your lawyer has the option of using a police report to gather additional evidence. If the accident occurred in an office such as a place of business, an employee may have recorded video footage. If this is the case, you must request a copy from the company. Record any expenses you have incurred as a result of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records of your treatment, receipts for medications rental car expenses home care or assistance expenses for transportation, and many more. You should also document any income loss due to your accident. You can use your old tax returns and pay stubs. If you are able, obtain the names of any witnesses to the incident as well. These people can serve as important sources of information in your case, especially those who are able to be a witness in a trial. auto accident lawsuit livonia is important to keep in mind that witnesses may alter their accounts over time, and could forget specific details about the incident. Intake and Investigation The process of intake is vital to receiving an adequate amount of compensation for your accident injuries regardless of whether you've submitted an insurance claim or are suing the at-fault party. Your attorney will begin by looking over your medical records, as well as obtaining copies of accident reports and other evidence. They will also visit the site of the accident to take note of what they can. This information will assist them understand the extent of your injuries, both in terms of future and current costs for your emotional and physical suffering. They will then review your financial losses in order to estimate the 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 investigate the incident, including questioning witnesses and analyzing any evidence. They will also gather the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the crash. This is especially important if there was a collision that involved an Uber or Lyft car, or any other indication that the driver worked while on the clock. As part of the discovery process the lawyer will ask about the defendant's traffic and criminal offence records. These details are generally not admissible, however they can be used to undermine the defendant's credibility during cross-examination. The process of negotiating a settlement Once you have received the medical records, it is possible to start settlement negotiations. The insurance company may make an initial offer that is much less than the amount you demanded in your letter. This is an opportunity to determine the strength of your argument. In your counteroffer, it's crucial to emphasize the most important arguments you have in your favor. For instance, you can say that the insurance company was at fault and there were serious injuries and high medical costs. Negotiating back and forth could eventually lead to an acceptable and reasonable amount. An experienced accident lawyer can successfully argue for your claim's merits, including presenting evidence to prove your losses. This may include photos of your car damage, police reports, and witness testimony. We know how to calculate the various components of your claim, such as loss of income or pain and suffering, as well as police report. If at this point the insurance company refuses to offer a fair amount, we can decide to make a claim in court. A trial usually lasts up to two days and can be heard by a judge (called a bench trial) or by jurors. If your case is settled before reaching this stage the process could last months. Or, your lawyer may be eligible to file a motion for summary judge. This involves asserting that all evidence is in your favor, and arguing that it's impossible for the opposing side to prevail. Filing an action In the majority of car crash cases, the parties can resolve their disputes without the need for court. Our team will work to help you negotiate an agreement with the insurance company of the other driver company, or directly with the person at fault. If there is no agreement, our lawyers will start an action against the defendant. The Complaint contains your claims and allegations about the accident and why you are entitled to compensation. The defendant is served the Complaint and given a certain period of time to reply. During the discovery phase, our attorneys will share documents and other evidence with the defendant and ask questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, including the circumstances under which they believe the crash occurred and what injuries you've sustained. We will also solicit expert opinions that support our position. During the discovery process, your lawyer can submit legal documents known as motions to the court for a judge to rule on. This could mean asking the court to exclude evidence or set a trial date. It can take a whole year or more to complete the process of discovery and to set the date of trial for your case. It's crucial to consult with an experienced Long Island auto accident attorney early during the process.