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The Intake Process for Car Accident Litigation A lawyer that specializes in the field of car accident litigation can help you determine how strong your case is as well as how the settlement might be worth This is only possible if all the information you need is available The first step in a car accident lawsuit is called discovery In this phase attorneys and their teams exchange documents and ask each other questions under an oath Documentation The majority of the work that goes into a car accident case is obtaining documentation This can include evidence like photographs medical records or witness statements The more evidence you have to back your claim the more convincing your claim will be The first piece of evidence you should have is a report from the police The police officer who arrives at the accident scene will usually write a report It will give valuable information about the accident and who was responsible If needed your lawyer has the option of using a police report to gather additional evidence For instance if the incident took place in a commercial the employee who worked at that location may have recorded video footage of the incident If this is the case a copy of the tape must be requested from the company as soon as it is possible Document any expenses you incurred as a result of the accident Document all expenses you have incurred as a result of This can include medical bills and records of your treatment receipts from medications rental car costs inhome assistance or care transport costs and many more Also you should document any income lost due to your injury This can include old pay slips and tax returns If you can collect the names of any witnesses to the accident as well These people may be able to provide valuable information particularly if you are able to have them appear in court Its important to remember that witnesses can alter their accounts and forget details regarding the accident as time passes Intake and Investigation The process of intake is crucial to receiving an adequate amount of compensation for your injuries sustained in an accident whether you have submitted an insurance claim or are suing the responsible party Your lawyer will begin by looking over your medical treatment documents as well as copies of accident reports and other available evidence They will also go to the scene of the accident to take note of what they can This information will help them determine the extent of your injuries in relation to future and projected costs for your emotional and physical suffering They will then review your current and future financial losses in order to determine the worth of your case The damages could not be limited to only future and current medical expenses but also your loss of income as well as property damage Your lawyer will also conduct an investigation the incident including speaking with witnesses and analyzing the available evidence They will also obtain driving and cell phone records of the driver at fault in order to determine how they used their vehicle during the time This is particularly crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was working while on the job since it could affect their ability to cover your damages In addition the lawyer may ask questions regarding the defendants prior criminal and traffic offence history during the discovery process These details are typically not admissible but they could be used to undermine the credibility of the defendant in crossexamination Negotiating a Settlement Once you have the medical records then your lawyer will begin negotiations on settlement Initially the insurance company will offer an offer which is usually substantially lower than the amount you have requested in the letter This is a method to see how strong your argument is In the counteroffer you must be important to highlight the strongest arguments you have in your favor for example the insured was at the fault and that you sustained severe injuries with high medical expenses Then bargaining back and forth will result in an amount that is fair and reasonable An experienced accident lawyer can successfully argue your claims merits including presenting proof to support your losses This could include photos of the damage to your car or a police report as well as witness testimony We are able to determine the various elements of your claim like loss of income or pain and suffering as well as police reports If at this point the insurance company refuses to provide a reasonable amount we can decide to start a lawsuit in the courtroom A trial usually lasts between one and two days and is heard either by a judge or a jury If your case is settled prior to reaching this stage the process could take months Alternatively your attorney may be in a position to file a motion for summary judgement This involves arguing that all evidence is in your favor and arguing that its impossible for the other side to prevail Filing auto accident attorneys waukesha In a majority of car accident cases parties can settle their disputes outside of court Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party who is at fault However if an agreement is not reached Our lawyers will start an action against the defendant The Complaint will outline your assertions and allegations regarding the circumstances of the crash and why you deserve compensation The defendant will be served with the Complaint and given a specified timeframe to respond During the discovery phase our lawyers will discuss documents and other material with the defendant while asking questions via interrogatories and depositions Our team will inquire to the lawyer of the defendant regarding their perspective on the events such as what injuries youve suffered and how they believe it took place We will also request expert opinions that support our position During the discovery phase your lawyer may submit legal documents known as motions to the court for a judge to rule on These could include requests to the courts decision to exclude certain evidence or to schedule the date for a trial It can take up one year for the investigation process to be completed and a trial date set Its crucial to consult with an experienced Long Island auto accident attorney early during the process
