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The Intake Process for Car Accident Litigation A lawyer who specializes in litigation involving car accidents can help you determine how strong your case is and how much your settlement could be worth This is only possible when all the information you need is available Discovery is the initial step of a car accident case During this stage attorneys and their teams exchange documents and discuss their respective cases under swearing Documentation Documentation is a major part of the work in the event of a car crash This may include evidence like photographs medical records or witness statements Generally the more documentation you have to support your claim the more convincing your argument will be The first document you should have is a police report The police officer who arrives at the scene of the accident will usually prepare a report It will give valuable details about the incident and who was responsible Your lawyer may also utilize the report of a law enforcement officer to seek additional evidence if necessary For instance if the accident happened in a business the employee who worked at that location might have recorded video footage of the incident If this is the situation the tape must be requested from the business as quickly as it is possible You should also record any expenses you incurred in the aftermath of the accident This can include medical bills and records of your treatment receipts for medication rental car expenses as well as inhome assistance or care transport costs and many more Additionally you must keep track of any income loss because of your accident You can utilize old tax returns and pay stubs You should also try to get the names of witnesses These people may be able to provide important information especially if are able to get them to be a witness in court Its important to remember that witnesses may alter their story and forget details about the incident as time passes Intake and Investigation The process of intake is vital to receiving an adequate amount of compensation for your accident injuries regardless of whether youve filed an insurance claim or are suing the responsible party Your lawyer will begin by reviewing your medical documents and then obtaining copies accident reports and other evidence They will also visit the scene of the crash to record and observe what they can This will allow them to determine the severity of the harm youve suffered in relation to future and current costs for your emotional or physical suffering Then theyll review your current and future financial losses in order to determine the value of your case The damages could not be limited to only future and ongoing medical expenses but also your lost income and property damage Your lawyer will also investigate by interviewing witnesses and analyzing all the available evidence They will also take data from the cell phone and driving records of the driver at fault in order to determine how they used their vehicle at the time This is particularly important when there was a collision with an Uber or Lyft car or any other indication that the driver was working on the clock In addition your attorney may inquire about the defendants criminal and traffic offence history as part of the discovery process Generally auto accident lawyer new orleans are not admissible in court however they could be helpful to impeach the defendants credibility during crossexamination The process of negotiating a settlement After receiving the medical records you can start settlement negotiations The insurance company will often make an initial offer that is much lower than the amount you requested in your letter This is an opportunity to assess the strength of your argument In your counteroffer its essential to highlight the most compelling arguments in your favor For instance you could argue that the insurer was at fault and that there were serious injuries as well as high medical costs Negotiating back and forth should eventually lead to an acceptable and reasonable amount A skilled accident attorney can successfully argue the merits of your case including presenting evidence to support your losses This could include photos of vehicle damages police reports and witness testimony We are able to calculate various aspects of your claim such as loss of income along with pain and suffering as well as a police report If the insurance company refuses to pay a reasonable amount at this point we may start a lawsuit A trial usually lasts for one or two days and can be heard by an individual judge called a bench trial or a jury If your case settles before reaching this phase it could take months Your attorney may be able to file a motion for summary judgement This involves arguing that all evidence is in your favour and arguing that its impossible for the opponent to win Filing a Lawsuit In a majority of cases involving car accidents the parties can settle their disputes outside of court Our team will work to help you negotiate a settlement with the other drivers insurance company or directly with the person at fault If an agreement is not reached our lawyers will file a lawsuit against the defendant The Complaint will contain your claims and allegations regarding the accident and the reasons why you are entitled to compensation The defendant will be served with the Complaint and given a specific timeframe to respond During the discovery phase our attorneys will discuss documents and other information with the defendant and ask questions via interrogatories as well as depositions Our team will ask questions to the lawyer of the defendant regarding their version of the events including the injuries youve suffered and the way they believe it took place We will also request expert opinions that will support our stance During the discovery phase your lawyer may file legal documents called motions to the court for a judge to decide on This may include requesting the court to omit evidence or schedule a trial It can take as long as a year for the discovery process to be completed and a trial date established This is why its vital to find a knowledgeable Long Island car accident attorney at the beginning of the process
