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The Intake Process for Car Accident Litigation A lawyer who is specialized in the field of car accident litigation can help you determine how strong your case is and also how the settlement may be worth However this is only feasible with all the necessary information The first step in a car accident lawsuit is known as discovery In this phase attorneys and their teams exchange documents and ask each other questions under oath Documentation Documentation is a major aspect of the investigation in a car accident This could include evidence such photographs medical records or witness statements The more documentation that you have the better your case will be A police report is the first document you need The police officer who arrives at the accident scene is likely to prepare a written report It will give valuable information about the accident and who was responsible If necessary you need to your attorney can make use of the police report to gather additional evidence For example if the incident took place in a commercial where employees were present the location might have recorded footage of the incident If this is the case you should ask for a copy of the footage from the business You should also keep track of the expenses you incur as a result of the accident This could include medical expenses and records of your treatment receipts from medication rental car costs inhome assistance or care transport costs and many more Also you should document any income loss due to your accident You can use your old tax returns and pay stubs If you are able to request the names of witnesses to the accident as well They could be important sources of information in your case especially in the event that they are able to give evidence at trial It is important to keep in mind that witnesses may change their stories and forget details about the incident over time Intake and Investigation The intake process is essential to obtaining fair compensation for your injuries from an accident whether you have submitted an insurance claim or are suing the party at fault Your lawyer will begin by reviewing your medical treatment documents and then obtaining copies accident reports and other available evidence They will also go to the scene of the accident to observe and document what they can This information will allow them to comprehend the severity of your injuries in relation to future and projected costs for your physical and emotional suffering Then they will look at your current and future financial losses in order to determine the value of your case The damages you incur could include not only your current and future medical expenses but also lost income and property damage Your lawyer will also investigate the incident including questioning witnesses and reviewing any available evidence They will also collect information about the driving habits and cell phones of the atfault drivers to determine how they operated their vehicle during the time This is especially important in the event that there was a collision that involved an Uber or Lyft car or any other evidence that suggests the driver was on the clock As part of the discovery process the lawyer will ask about the defendants traffic and criminal offense records auto accident attorney newton are typically not admissible but they could be used to undermine the defendants credibility in crossexamination The process of negotiating a settlement After you have received your medical records you can begin negotiations for settlement Initially the insurance company will offer an offer that is usually significantly lower than the amount you requested in your letter This is a strategy to see how strong your argument is In your counteroffer its important to highlight the strongest points that you have to your advantage For instance you can say the insurer was at fault and that there were severe injuries and the medical costs were high Negotiating back and forth could eventually lead to an equitable and reasonable amount A skilled accident attorney can effectively argue for the merits of your case including presenting evidence supporting your losses This could include photographs of the damage to your car or a police report as well as witness testimony We know how to determine the various elements of your claim including loss of income pain and suffering and police report If the insurance company is unwilling to pay a reasonable amount at the moment we can bring a lawsuit A trial typically lasts between one and two days and is conducted by either a judge or jury If your case settles prior to this phase it could take a few months Your attorney may also be able to file a summary motion to dismiss This is a way of claiming that all evidence is in your favor and arguing that it is impossible for the opposition to win Filing a Lawsuit In the majority of car accident 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 person who was at fault If no agreement can be reached our lawyers will file a lawsuit against the defendant The Complaint will detail your claims and details about the cause of the crash and the reason you should be compensated The defendant will be served with the Complaint and given a specific period of time to respond During the discovery phase our attorneys will exchange documents and other evidence with the defendant while asking questions via interrogatories and depositions Our team will inquire to the lawyer for the defendant about their interpretation of the events focusing on what damages youve suffered and how they believe it happened We will also search for experts to back our assertions During the discovery phase your lawyer can submit legal documents also known as motions with the court for the decision of the judge This may include requesting the court to exclude evidence or schedule a trial It can take a whole year or more to complete the discovery process and determine an appointment date for your case It is essential to speak with an experienced Long Island auto accident attorney as early as possible in the process
