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The Intake Process for Car Accident Litigation A lawyer who specializes in the area of car accident litigation will assist you in determining 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 The first step in a car crash lawsuit is called discovery In this stage attorneys and their teams will discuss documents and answer questions under an oath Documentation A lot of the work involved in a car wreck case is collecting documentation This may include evidence such as photographs medical records or witness statements Generally the more documentation you have to back your claim the stronger your case will be The first piece of evidence you should have is a report from the police The police officer who arrives at the scene of an accident will usually prepare a report It will give valuable details about the accident and the person responsible for it If necessary your attorney can use a police report to gather additional evidence If the accident occurred in an office such as a place of business an employee could have recorded video footage If this is the case ask for a copy of the footage from the company You should also record the costs you have incurred due to the accident This could include medical bills and records for your treatment receipts for medicines rental car expenses inhome care or assistance transport costs and more You should also document any income you lose due to your injury You can utilize old tax returns and pay stubs If you can get the names of any witnesses to the accident as well They may be able to give valuable information particularly if you can convince them to appear in court It is important to keep in mind that witnesses may alter their narratives and forget specifics regarding the accident as time passes Intake and Investigation The process of intake is vital to getting an adequate amount of settlement for your accidentrelated injuries regardless of whether youve made an insurance claim or are suing the responsible party Your lawyer will begin by looking over your medical records obtaining copies of accident reports as well as other evidence They will also go to and document the scene of the accident This information will enable them to assess the severity of the injuries youve suffered as well as the current and projected costs for your physical or emotional suffering They will then analyze your financial losses to estimate the value of your case The damages you incur could include not only your present and future medical costs as well as lost income and property damage Your lawyer will also investigate the incident including speaking with witnesses and reviewing all available evidence They will also collect the driving and cell phone records of the atfault drivers to determine how they used their vehicle at that time This is especially important in the event that there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver was working on the clock As part of the process of discovery as part of the discovery process your lawyer will inquire about the defendants criminal and traffic offense records These details are generally not admissible in court but they could be helpful to undermine the credibility of the defendant in crossexamination Negotiating a Settlement After youve obtained the medical documents your lawyer can begin settlement negotiations Initially the insurance company will present an offer which is usually much lower than what you request in the letter This is a tactic to see how strong your case is In the counteroffer its crucial to emphasize the most important arguments you have in your favor for example that the insured was at blame and that you were afflicted with serious injuries that resulted in high medical expenses Negotiating back and forth could eventually lead to a fair and reasonable amount An experienced accident lawyer can effectively argue your claims merits including presenting proof to support your losses This could include photos of car damage police reports and witness testimony auto accident lawsuit dearborn know how to determine the value of various elements of your claim like loss of income pain and suffering If at this point the insurance company continues to refuse to offer a fair amount we can choose to bring a lawsuit to court A trial typically lasts between one and two days and is ruled on by an attorney or a jury If your case settles prior to reaching this stage the process can take months In addition your attorney might be eligible to file a motion for summary judge This is a way of presenting all the evidence in your favor and arguing that its impossible for the other side to prevail Filing a Lawsuit In the majority of car crash cases the parties can resolve their disputes without the need for court Our team will assist you negotiate with the insurance company of the other driver or directly with the driver who was at fault However if there is no agreement our lawyers will bring an action against the defendant The Complaint will contain your claims and allegations regarding the incident and why you are entitled to compensation The defendant will be served the Complaint and given a certain period of time to respond to it The discovery phase is where our attorneys and the defendant will begin to exchange documents and other material and ask questions via interrogatories or depositions Our team will ask the attorney for the defendant questions regarding their interpretation of events focusing on how they believe the crash happened and what injuries youve suffered We will also search for experts to back our assertions During the discovery process your lawyer may submit legal documents known as motions to the court for a judge to rule on This can include requests for the court to exclude certain evidence or to schedule a trial date It can take a year or more to complete the discovery process and establish the trial date for your case Its crucial to consult with an experienced Long Island auto accident attorney as early as you can in the process
