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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 the amount of settlement you could receive This is only possible if all the information you need is available Discovery is the very first step of a car accident case In this phase attorneys and their teams discuss documents and answer questions under an oath Documentation Documentation is a major part of the work in an accident This could include evidence such as photos medical records or witness statements The more evidence you have to support your claim the more convincing your argument will be A law enforcement report is the very first document you should have The police officer who arrives at the accident scene will typically prepare a report It will give valuable details about the accident and who was responsible If required your lawyer has the option of using an investigation report to collect additional evidence For instance if the accident happened in a business or office an employee working at the location might have recorded video footage of the incident If this is the case you must request a copy from the company You should also keep track of any expenses you incurred as a result of the accident This could include medical bills and records for your treatment receipts for medicines rental car charges and inhome assistance or care as well as transportation costs and more You should also document any income loss due to your accident This can include old pay stubs and tax returns It is also advisable to find the names of witnesses They can be important sources of information in your case particularly those who are able to give evidence at trial It is important to remember that witnesses can change their accounts over time and forget details of the incident Intake and Investigation The process of intake is crucial to getting fair compensation for your accident injuries whether you have submitted an insurance claim or are suing the atfault party Your lawyer will begin by looking through your medical records and obtaining copies of accident reports and other evidence They will also go to and document the accident scene This information will allow them to comprehend the extent of the injuries youve sustained both in terms current and projected costs for your emotional or physical suffering Then they will look at your financial losses to determine the worth of your case The damages could include not only future and ongoing medical expenses but also your loss of income as well as property damage Your lawyer will also conduct an investigation including interviewing any witnesses and reviewing all available evidence They will also collect data from the cell phone and driving records of the driver at fault in order to determine how they operated their vehicle during the time This is particularly important if there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver worked while on the clock In addition to this your attorney will likely ask questions about the defendants criminal and traffic offense history in the discovery process These details are generally not admissible but can be used to undermine the credibility of the defendant in crossexamination Negotiating a Settlement Once you have the medical records youre able to begin settlement negotiations The insurance company is likely to make an initial offer that is less than the amount you demanded in your letter This is a way to test how convincing your argument is In the counteroffer you must be important to emphasize the strongest arguments you have in your favor for instance that the insured was entirely at the fault and that you sustained serious injuries that resulted in high medical costs Negotiating back and forth could 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 may include photos of the damage to your car along with a police report as well as witness testimony We know how to calculate the various components of your claim like lost income as well as pain and suffering and police reports If the insurance company is unwilling to pay an appropriate amount at this point we could start a lawsuit A trial usually lasts between one and two days and is ruled on by jurors or a judge If auto accident lawyer rock hill is settled prior to reaching this phase the process could take months Alternatively your attorney may be in a position to file an application for summary judgment This means claiming that all evidence is in your favour and arguing that its impossible for the opponent to win Filing a Lawsuit In the majority of car crash cases the parties can resolve their disagreement outside of court Our team will work to help you negotiate an agreement with the insurance company or directly with the atfault party If no agreement is reached our attorneys will file a lawsuit against the defendant The Complaint will detail your claims and allegations about how the crash occurred and why you are entitled to compensation The defendant will be served the Complaint and given a specified timeframe to respond to it The discovery stage is when our attorneys and the defendant begin to exchange documents and other materials while asking questions through interrogatories or depositions Our team will ask the attorney for the defendant questions about their view of events focusing on the circumstances under which they believe the crash took place and what injuries youve suffered We will also solicit expert opinions that support our position During the discovery phase your lawyer may prepare legal documents referred to as motions with the court for the decision of an individual judge These could include requests to the court to block certain evidence or to set a trial date It can take a year or more to complete the discovery process and set the date of trial for your case This is why its vital to consult with a seasoned Long Island car accident attorney early on in the process
