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The Intake Process for Car Accident Litigation A lawyer who has experience in defending car accident cases can help you determine the strength of your case and how much settlement you could receive. This is only possible when all the information you require is available. The first step in a lawsuit involving a car accident is known as discovery. During this stage, attorneys and their teams exchange documents and discuss their respective cases under an oath. auto accident lawyer wilmington of the work involved in a car crash investigation is gathering evidence. This could include evidence such medical records, photos or witness statements. The more documentation that you have, the more convincing your case will be. The first document you need is a law enforcement report. Typically the police officer that arrives at the scene of the accident will write the report, and it will provide crucial information on how the crash 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 in a business the employee who worked at that site might have recorded footage of the incident. If this is the case, you must request a copy from the company. Document any expenses you incurred because of the accident. This can include medical bills and records for your treatment, receipts for medication rental car costs and in-home assistance or care as well as transportation costs and much more. It is important to record the loss of income due to your accident. You can use your old tax returns and pay stubs. You should also try to obtain the names of witnesses. They may be able provide valuable information, especially if you can get them to be a witness in court. It's important to keep in mind that witnesses can alter their story and forget details about the incident as time passes. Intake and Investigation Whether you have made an insurance company or have started legal action against a negligent driver, the initial intake process is crucial to getting the fair and complete compensation you deserve for your injuries from a crash. Your attorney will begin by examining your medical records and then obtaining copies accident reports and other evidence. They will also visit and document the scene of the accident. This information will assist them comprehend the severity of your injuries both in terms of current and projected future costs for your emotional and physical suffering. Then, they will review your current and future financial losses in order to determine the worth of your case. Damages could include not only your current and future medical costs but also income loss and property damage. Your lawyer will also conduct an investigation into the incident, including questioning witnesses and analyzing all available evidence. They will also collect the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the collision. This is especially crucial if the crash involved an Uber or Lyft vehicle, or any other indication that the driver was working while on the job, since this could impact the ability of them to pay damages. As part of the process of discovery Your lawyer will inquire about the defendant's criminal and traffic offence records. These details are generally not admissible, but they could be used to undermine the defendant's credibility in cross-examination. The process of negotiating a settlement Once you have the medical records then your lawyer will begin negotiations for settlement. The insurance company will often make an initial offer that is lower than the amount you demanded in your letter. This is a tactic to see how strong your argument is. In your counteroffer, it is important to highlight the strongest points you have to your advantage. For instance, you can say that the insurer was responsible and that there were severe injuries as well as significant medical expenses. In the end, back and forth bargaining will result in an amount that is reasonable and fair. A skilled accident lawyer can successfully argue for your claim's merits, including presenting proof to support your losses. This may include photos of your car damage, police reports or witness testimony. We have the ability to calculate various elements of your claim, such as loss of income as well as pain and suffering, and police report. At this point, if the insurance company continues to refuse to offer a fair amount, we may choose to bring a lawsuit to court. A trial typically lasts up to two days and is either heard by an individual judge (called a bench trial) or by a jury. If your case settles before reaching this stage the process could last months. In addition, your attorney might be eligible to file a motion for summary judgement. This involves arguing that all evidence is in your favor and arguing that it is impossible for the opposition to win. Filing an action In the majority of car accident cases parties can settle their disputes without going to court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the driver who is at fault. If an agreement is not reached, our lawyers will file a suit against the defendant. The Complaint will detail your claims and allegations regarding 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 evidence with the defendant while asking questions through interrogatories and depositions. Our team will ask questions to the lawyer representing the defendant about their perspective on the events, focusing on what injuries you've suffered and how they believe it happened. We will also search for experts to back our position. During the discovery stage, your lawyer will submit legal documents, also known as motions with the court to be decided by an individual judge. These could include requests to the court to exclude certain evidence or to set an appointment for trial. It could take a year or more to complete the process of discovery and to set the date of trial for your case. This is why it's crucial to consult with a seasoned Long Island car accident attorney early in the process.