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The Intake Process for Car Accident Litigation A lawyer who is specialized in the area of car accident litigation will help you determine how solid your case is and how the settlement you receive could be worth. This is only possible when all the information you need is available. Discovery is the first stage of an auto accident case. During this stage attorneys and their teams exchange documents and discuss their respective cases under oath. Documentation Documentation is a major component of a car accident. This can include evidence such as photos, medical records, or witness statements. Generally speaking, the more evidence you have to support your claim the more convincing your case will be. A law enforcement report is the primary document you should have. The police officer who arrives at the accident scene will usually prepare a report. It will provide important information regarding the accident as well as who was responsible for it. If needed you need to, your attorney can make use of the police report to gather additional evidence. For instance, if the accident happened in a business the employee who worked at that site might have recorded footage of the incident. If this is the case, seek a copy from the business. Note any costs you have incurred due to the accident. Document all expenses you have incurred as a result of. This could include medical expenses and records of your treatment, receipts from medication rental car fees for in-home assistance, care at home as well as transportation costs. Additionally, you must note any income loss as a result of your injury. You can utilize old tax returns and pay stubs. If you are able to, request the names of witnesses to the incident as well. They may be able to give valuable details, especially if can get them to give evidence in court. It is important to remember that witnesses are prone to altering their accounts over time, and they may forget details about the accident. Intake and Investigation The intake process is critical to getting fair compensation for your accident injuries regardless of whether you've submitted an insurance claim or are suing the responsible party. Your lawyer will begin by reviewing your medical records, as well as obtaining copies of accident reports and other evidence. They will also go to and document the scene of the accident. This information will assist them know the extent of your injuries as well as the future and anticipated costs for your physical and emotional suffering. They will then look over your existing and expected financial losses to determine the total value of your case. The damages could include not just your current and future medical costs but also income loss and property damage. Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any evidence. They will also gather the driver at fault's driving and cell phone records to see how they used their vehicle at the time of the crash. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was on the job, as this could impact the ability of them to pay damages. In addition to this, your attorney will likely ask questions about the defendant's criminal and traffic offence history during the discovery process. These details are typically not admissible, but can be used to undermine the defendant's credibility during cross-examination. The process of negotiating a settlement Once you have the medical records, you're able to begin settlement negotiation. In the beginning, the insurance company will offer an offer that is often much lower than what you demand in the letter. This is a tactic to test how convincing your argument is. In the counteroffer it is crucial to highlight the most powerful arguments in your favor, for example, that the insured was fully at fault and that you suffered serious injuries that resulted in significant medical expenses. In the end, the back and forth negotiation will lead to an amount that is reasonable and fair. A skilled accident attorney will effectively argue the merits of your claim by presenting evidence to prove your losses. This could include photos of vehicle damages, police reports and witness testimony. We are able to calculate various elements of your claim such as lost income along with pain and suffering as well as a police reports. At this point, if the insurance company continues to refuse to offer a reasonable amount, we have the option to start a lawsuit in the courtroom. A trial typically lasts between one and two days, and is heard either by a judge or a jury. If your case is settled before this point it could take a few months. Your attorney may also be able file a summary motion to enter judgment. This means claiming that all evidence is in your favor and arguing that it's impossible for the opposition to prevail. Filing a Lawsuit In the majority of car accident cases the parties can settle their disputes outside of court. Our team will work to assist you in negotiating an agreement with the insurance company of the other driver company or directly with the at-fault party. However, if an agreement is not reached our lawyers will file an action against the defendant. The Complaint will outline your claims and allegations regarding how the crash occurred and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a certain amount of time to respond to it. The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other information while asking questions through interrogatories or depositions. auto accident lawyer tucson will ask the defendant's attorney questions about their version of events, including what they believe happened, how they believe it happened and what injuries you have suffered. We will also seek out expert opinions that will support our stance. During the discovery process, your lawyer could submit legal documents known as motions to the court for a judge to decide on. This can include requesting the court to omit evidence or schedule a trial. It can take up one year for the investigation process to be completed and a trial date set. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can during the process.