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The Intake Process for Car Accident Litigation A lawyer who is experienced in car accident litigation will be able to help you determine the potential strength of your case and the amount of settlement you can receive But this is only feasible with all the relevant information Discovery is the first stage of an auto accident case In this stage attorneys and their teams communicate with each other and ask questions under the oath Documentation Documentation is a major aspect of the investigation in an auto accident This can include evidence like medical records photos or witness statements The more evidence you have the more convincing your case A police report is the first document you should have The police officer who arrives at the scene of the accident will usually prepare a report This report will provide important information about the accident and who was responsible for it Your lawyer may also utilize a law enforcement report to gather additional evidence if necessary For example if the incident occurred at a company or office an employee working at 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 Record any expenses you have incurred as a result of the accident Document any expenses you incurred due to This could include medical expenses and records of your treatment receipts from medication rental car charges as well as inhome assistance or care transportation costs and more Additionally you must record any income loss as a result of your injury This can include old pay slips and tax returns auto accident attorney lawrence should also find the names of witnesses They may be able to provide important information especially if you can get them to be a witness in court But its important to remember that witnesses can change their stories over time and forget details of the incident Intake and Investigation If you have filed a claim with an insurance company or are starting a lawsuit against an atfault driver the process of obtaining an intake is essential for obtaining the fair and complete compensation you deserve for your injuries from a crash Your attorney will begin by reviewing your medical records and obtaining copies accident reports and other evidence They will also visit the site of the crash to take note of what they can This information will enable them to understand the extent of the harm youve suffered both in terms future and current costs for your emotional or physical suffering They will then look over your financial losses to estimate the total value of your case The damages could not be limited to just future and present medical expenses but also lost income and property damage Your lawyer will also conduct an investigation the incident including speaking with witnesses and analyzing the available evidence They will also obtain the driver who was at fault and their driving phone records to determine how they used their vehicle at the time of the accident This is especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job since this could negatively impact their ability to pay your damages As part of the discovery procedure as part of the discovery process your lawyer will ask about the defendants traffic and criminal offense records Generally speaking these facts are not admissible in court but they can be useful to discredit the credibility of the defendant during crossexamination The process of negotiating a settlement Once you have the medical records it is possible to start settlement negotiations The insurance company may make an initial offer that is lower than the amount you requested in your letter This is an opportunity to determine the credibility of your argument In your counteroffer it is essential to highlight the most compelling points that you have to your advantage For instance if you claim the insurer was at fault and that there were severe injuries as well as significant medical expenses Then bargaining back and forth should result in an amount that is both fair and reasonable A skilled attorney for accidents can effectively argue for the merits of your case including presenting evidence to support your losses This may include photos of the damage to your car or a police report as well as witness testimony We can calculate various elements of your claim such as lost income along with pain and suffering as well as a police reports If the insurance company is unwilling to pay an acceptable amount at this point we could bring a lawsuit A trial typically lasts one or two days and is either heard by an individual judge called a bench trial or by jurors If your case settles before reaching this stage the process could last months Your attorney may be in a position to file a motion for summary judgment This is a way of presenting all the evidence to your advantage and arguing that its impossible for the other side to win Filing a Lawsuit In the majority of car crash cases the parties are able to resolve their disputes without going to court Our team will assist you in negotiating a settlement with the insurance company or directly with the atfault party However if there is no agreement the lawyers of our firm will start an action against the defendant The Complaint outlines your claims as well as allegations regarding the accident and explains why you are entitled to compensation The defendant will be served with the Complaint and given a particular time frame to respond to it The discovery stage is when our lawyers and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions Our team will pose questions to the lawyer representing the defendant about their interpretation of the events focusing on what injuries you have suffered and how they believe it took place We will also look for experts to back our position During the discovery phase your lawyer may make legal documents known as motions in court to be ruled on by a judge This could include requests for the courts decision to exclude certain evidence or to set an appointment for trial It can take a year or more to complete the discovery process and determine the date of trial for your case This is why its important to work with an experienced Long Island car accident attorney early in the process
