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The Intake Process for Car Accident Litigation A lawyer who is specialized in litigation involving car accidents can assist you in determining how strong your case is as well as how the settlement may be worth But this is only possible when you have all the relevant information The first step in a lawsuit involving a car accident is called discovery During this phase attorneys and their teams will communicate with each other and ask questions under an oath Documentation Documentation is a large component of a car accident This could include evidence like photographs medical records or witness statements The more evidence you can provide to support your claim the more convincing your case will be A law enforcement report is the very first document you need The police officer who arrives at the scene is likely to prepare a written report This report will provide important information about the accident and who was responsible for it Your lawyer can also make use of the law enforcement report to obtain additional evidence if needed If the incident occurred in the workplace such as a place of business employees may have recorded video footage If this is the case seek a copy from the business You should also record the expenses you incur due to the accident This could include medical expenses as well as records of your treatment receipts for medication rental car expenses as well as inhome assistance or care transport costs and many more It is also important to document any income loss due to your accident You can use tax returns and pay stubs If you are able obtain the names of any witnesses to the accident as well These people can serve as valuable sources of information for your case especially in the event that they are able to be present at trial However it is important to remember that witnesses may alter their stories over time and could forget specific details about the accident Intake and Investigation The process of intake is vital to obtaining fair compensation for your accident injuries whether you have filed a claim with an insurance company or are suing the responsible party Your lawyer will begin by reviewing your medical treatment records obtaining copies of accident reports and other evidence They will also go to and document the accident scene This information will allow them to comprehend the extent of the injuries youve sustained in terms of future and current costs for your emotional or physical suffering Then they will review your current and future financial losses to determine the value of your case The damages could comprise not only your current and future medical expenses but also lost income and property damage Your lawyer will also investigate the incident including speaking with witnesses and analyzing the available evidence They will also obtain the atfault drivers driving and cell phone records to see what they were doing with their vehicle at the time of the crash This is particularly important if there was a collision with an Uber or Lyft vehicle or any other evidence that suggests the driver was working around the clock In addition to this your attorney may ask questions regarding the defendants prior criminal and trafficrelated offenses as part of the discovery process These facts are usually not admissible but they could be used to undermine the defendants credibility during crossexamination Negotiating a Settlement After receiving the medical records youre able to begin negotiations for settlement Initially the insurance company will offer an offer that is often significantly lower than the amount you requested in your letter This is a way to assess the credibility of your argument In your counteroffer it is essential to highlight the most compelling points you have to your advantage For instance you can say that the insurer was at fault and that there were serious injuries as well as high medical costs In the end a lot of bargaining back and forth should get you to an amount that is fair and reasonable An experienced accident lawyer can successfully argue your claims merits including presenting evidence to prove your losses This may include photos of your car damages police reports and witness testimony We can calculate various aspects of your claim such as loss of income along with pain and suffering as well as a police report At this point if the insurance company continues to refuse to provide a reasonable amount we can decide to make a claim in court A trial typically lasts between one and two days and is judged by either a judge or jury If your case is settled before this stage it can take a few months Alternatively your attorney may be able to file a motion for summary judge This involves asserting all of the evidence to your advantage and arguing that its impossible for the other side to win Filing a Lawsuit In the majority of car accident cases the parties are able to resolve their disputes without going to court auto accident lawyer lake charles will work to assist you in negotiating an agreement with the insurance company or directly with the atfault party However if an agreement is not reached Our lawyers will initiate a lawsuit against the defendant The Complaint will contain your claims and allegations about the accident and why you are entitled to compensation The defendant is served with the Complaint and given a set time frame to respond During the discovery phase our lawyers will discuss documents and other evidence with the defendant while asking questions via interrogatories or depositions Our team will ask the defendants attorney questions regarding their interpretation of events focusing on the circumstances under which they believe the crash occurred and the injuries you have suffered We will also seek expert opinions that will support our stance During the discovery process your lawyer may submit legal documents also known as motions to the court for a judge to decide on This could mean asking the court to omit evidence or schedule a trial It can take a whole year or more to complete the discovery process and set the date of trial for your case Its crucial to consult with an experienced Long Island auto accident attorney as early as you can in the process
