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The Intake Process for Car Accident Litigation A lawyer with experience in the field of car accident litigation will be able to assist you determine the potential strength of your case and the amount of settlement you could get But this is only possible with all the necessary information Discovery is the first stage of an auto accident case In this phase attorneys and their teams exchange documents and ask each other questions under swearing Documentation A lot of the work that goes into a car accident case is collecting documentation This can include evidence such as photographs medical records or witness statements The more evidence you have the more convincing your case will be A law enforcement report is the first document you should have The police officer who arrives at the scene of the accident is likely to prepare a written report It will provide important information about the accident and who was responsible If necessary you need to your attorney can make use of an investigation report to collect additional evidence If the accident occurred in an office for instance an employee may have recorded video footage If this is the case the tape should be requested from the business as soon as possible It is also important to document the expenses you incur as a result of the accident These could include medical bills records of your treatment medication receipts rental car expenses inhome assistance or care as well as transportation costs It is also important to document any income you lose due to your accident This can include old pay stubs as well as tax returns If you are able obtain the names of witnesses to the incident as well These people may be able provide valuable details especially if are able to have them testify in court However its important to keep in mind that witnesses are prone to altering their testimony over time and forget details of the accident Intake and Investigation If youve filed an insurance claim with an company or have started legal action against a negligent driver the initial intake process is essential for obtaining an adequate and fair settlement for the injuries you sustained in a crash Your lawyer will begin by reviewing your medical records and obtaining copies of accident reports and other available evidence They will also visit the site of the accident to take note of what they can This information will enable them to assess the severity of the injuries youve sustained in relation to current and projected costs for your emotional or physical suffering They will then review your financial losses to determine the value of your case The damages could include not only future and current medical expenses but also loss of income as well as property damage Your lawyer will also investigate the incident including questioning witnesses and reviewing any available evidence They will also gather driving and cell phone records of the atfault drivers to determine how they operated their vehicle during the time This is particularly important if the collision involved an Uber or Lyft vehicle or any other evidence that suggests the driver was on the job since this could negatively impact their ability to pay your damages As part of the process of discovery as part of the discovery process your lawyer will ask about the defendants criminal and traffic record of offenses In general these information are not admissible in court but they can be useful to impeach the defendants credibility in crossexamination Negotiating a Settlement After receiving the medical records you are able to begin negotiations for settlement In the beginning the insurance company will offer an offer that is often substantially lower than the amount you have requested in the letter This is a method to test the strength of your argument In the counteroffer its crucial to highlight the most powerful points in your favor for instance that the insured was completely at blame and that you were afflicted with serious injuries that resulted in the highest medical costs Negotiating back and forth will eventually result in a fair and reasonable amount auto accident lawsuit hesperia can effectively argue your claims merits including presenting proof to support your losses This could include photos of vehicle damage police reports or witness testimony We also know how to calculate the value of each element of your claim like loss of income pain and suffering If the insurance company is unwilling to pay an amount that is reasonable at this point we may start a lawsuit A trial usually lasts for between one and two days It is usually ruled by a judge called a bench trial or jurors If your case is settled prior to this phase it can take a few months Alternatively your attorney may be capable of filing an application for summary judgment This is a way of claiming that all evidence is in your favor and arguing its impossible for the opposing side to win Filing a Lawsuit In the majority of car crash cases the parties are able to settle their dispute outside of court Our team will assist you negotiate with the insurance company of the other driver or directly with the driver who is at fault If no agreement is reached our lawyers will file a suit against the defendant The Complaint outlines your claims and allegations regarding the accident and explains why you are entitled to compensation The defendant will be served the Complaint and given a specific time frame to respond During the discovery phase our attorneys will share documents and other evidence with the defendant while asking questions through interrogatories and depositions Our team will be asking questions to the lawyer representing the defendant about their version of the events focusing on what damages youve suffered and what they believe happened happened We will also look for experts to back our position During the discovery process your lawyer could submit legal documents also known as motions to the court to a judges decision on This could mean asking the court to block evidence or schedule a trial It can take a whole year or more to complete the discovery process and determine a trial date for your case It is essential to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process
