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The Intake Process for Car Accident Litigation A lawyer who is specialized in car accident litigation can help you determine how strong your case is, and how the settlement you receive could be worth. However, this is only possible if you have all the necessary information. Discovery is the initial step of a car accident case. During this phase attorneys and their teams exchange documents and discuss their respective cases under an oath. Documentation Documentation is a major element of an accident. This can include evidence such as photos, medical records, or witness statements. The more evidence you can provide to support your claim the more convincing your case will be. A police report is the primary document you should have. Typically the police officer that comes to the scene of the crash will prepare a report, and this will give important details about how the crash occurred and who was at fault for the incident. If needed, your attorney can use the police report to gather additional evidence. If the accident occurred in a place of business, for example an employee could have recorded video footage. If this is the case, you must seek a copy from the company. You should also document the costs you have incurred as a result of the accident. These could include medical bills, records of your treatment, receipts for medication rental car expenses for in-home assistance, care at home transport costs, and many more. Additionally, you must keep track of any income loss as a result of your injury. You can use tax returns and pay stubs. You should also try to obtain the names of witnesses. These people may be able to give valuable information, particularly if you are able to get them to be a witness in court. However, it is important to remember that witnesses can alter their accounts over time, and could forget specific details about the accident. Intake and Investigation If you've made an insurance company or are preparing legal action against a negligent driver, the initial intake process is essential for obtaining the fair and complete compensation you deserve for your injuries from a crash. Your lawyer will begin by reviewing your medical records, and obtaining copies of accident reports, as well as other evidence. They will also visit the site of the accident to take note of what they can. This information will allow them to assess the severity of the harm you've suffered as well as the current and projected costs for your emotional or physical suffering. They will also review your financial losses to estimate the total value of your case. The damages you incur could include not only your current and future medical expenses but also lost income and property damage. Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all available evidence. They will also gather the driver at fault's driving and phone records to determine what they were doing with their vehicle at the time of the collision. This is particularly important when there was a collision with an Uber or Lyft vehicle, or any other evidence that suggests the driver was working on the clock. As part of the discovery procedure, your lawyer will also inquire about the defendant's traffic and criminal conviction records. These details are typically not admissible, however they can be used to undermine the credibility of the defendant during cross-examination. Negotiating a Settlement Once you have the medical records, you can begin settlement negotiation. The insurance company may make an initial offer that is lower than the amount you demanded in your letter. This is a way to see how strong your argument is. In the counteroffer, you must be important to highlight the strongest arguments in your favor, for instance, that the insured was at the fault and that you sustained severe injuries with the highest medical costs. Negotiating back and forth should eventually result in a fair and reasonable amount. An experienced accident lawyer will effectively argue the merits of your case, including presenting evidence to support your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to determine the value of different elements of your claim, including lost income and suffering and pain. If at this point the insurance company is still refusing to offer a fair amount, we may choose to file a lawsuit in court. A trial typically lasts between one and two days, and is judged by jurors or a judge. If your case settles prior to reaching this stage it could take months. Or, your lawyer may be capable of filing a motion for summary judgement. This is where you present all the evidence to your advantage and arguing that it's impossible for the opposing side to win. Filing an action In the majority of car accident cases, the parties are able to resolve their disputes outside of court. Our team will work to help you negotiate a settlement with the insurance company, or directly with the person at fault. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will outline your claims and details about the cause of the crash and why you are entitled to compensation. The defendant is served the Complaint, and given a set time frame to respond. During the discovery phase, our attorneys will share documents and other material with the defendant and ask questions via interrogatories and depositions. Our team will inquire to the lawyer of the defendant regarding their version of the events, including what injuries you have suffered and what they believe happened. happened. We will also seek expert opinions to support our position. During the discovery process, your lawyer could submit legal documents, also known as motions to the court to a judge's decision on. This may include requesting the court to omit evidence or schedule a trial. auto accident attorneys little rock can take as long as one year for the discovery process to be completed and a trial date scheduled. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process.