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The Intake Process for Car Accident Litigation An experienced lawyer in the field of car accident litigation can help you determine the strength of your case and what settlement amount you might get But this is only feasible if you have all the information needed The first step in a car crash lawsuit is called discovery In this stage attorneys and their teams will communicate with each other and ask questions under an oath Documentation Documentation is a large aspect of the investigation in an accident This can include evidence like photos medical records or witness statements The more evidence you have the better your case will be A law enforcement report is the primary document you should have The police officer who arrives at the accident scene will typically prepare a report This report will provide important information about the accident and the person responsible for it If required your attorney can use the police report to gather additional evidence For example if the incident occurred in a business 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 business as quickly as possible Note any costs you have incurred as a result of the accident Document any expenses you incurred due to These could include medical bills or records of treatment receipts from medication rental car costs for inhome assistance care at home transportation costs and more Additionally you must keep track of any income loss because of your injury You can use your old tax returns and pay stubs You should also try to find the names of witnesses They might be able to provide valuable information particularly if you are able to have them be a witness in court It is important to keep in mind that witnesses may change their narratives and forget specifics about the incident over time Intake and Investigation The intake process is critical to receiving fair compensation for your accident injuries whether you have filed a claim with an insurance company or are suing the party at fault Your attorney will begin by reviewing your medical records and obtaining copies of accident reports as well as other evidence They will also visit and document the scene of the accident This information will allow them to determine the severity of the injuries youve sustained in relation to cost and projections for your physical or emotional suffering Then theyll review your current and future financial losses to determine the worth of your case The 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 including interviewing any witnesses and analyzing all available evidence They will also collect the driver who was at fault and their driving phone records to determine how they used their vehicle at the time of the collision This is especially important in the event that there was a collision with an Uber or Lyft car or any other indication that the driver was working on the clock As auto accident lawsuit st petersburg of the discovery procedure as part of the discovery process your lawyer will ask about the defendants traffic and criminal record of offenses These details are generally not admissible in court however they can be useful to undermine the credibility of a defendant during cross examination The process of negotiating a settlement Once you have the medical records it is possible to begin negotiations for settlement The insurance company will typically make an initial offer that is less than what you requested in your letter This is an opportunity to test the credibility of your argument In the counteroffer you must be crucial to emphasize the most important points in your favor for example the insured was at the fault and that you sustained severe injuries with high medical costs Negotiating back and forth will eventually result in an appropriate and fair amount An experienced attorney can effectively argue for the merits of your claim by presenting evidence to prove your losses This could include photographs of the damage to your car a police report and witness testimony We can calculate various elements of your claim such as lost income or pain and suffering as well as police reports At this point if the insurance company continues to refuse to offer a reasonable amount we can choose to start a lawsuit in the courtroom A trial usually lasts between one and two days and is conducted by an attorney or a jury If your case settles before reaching this phase the process could last months Or your lawyer may be eligible to file an application for summary judgment This means presenting all of the evidence in your favor and arguing that its impossible for the opposing side to win Filing a Lawsuit In a majority of car accident cases the parties can resolve their disputes outside of court Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident However if there is no agreement the lawyers of our firm will start an action against the defendant The complaint contains your claims and allegations regarding the accident and why you are entitled to compensation The defendant is served the Complaint and given a specified amount of time to answer During the discovery phase our attorneys will share documents and other material with the defendant while asking questions via interrogatories or depositions Our team will ask the attorney for the defendant questions regarding their perspective on the events including what they believe happened during the crash as well as how they think it occurred and the injuries youve suffered We will also request expert opinions that support our position During the process of discovery your lawyer could make legal motions to the court for a judges ruling on This could include asking the judge to exclude evidence or to schedule a trial It could take a year or more to complete the discovery process and determine the date of trial for your case It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point during the process
