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The Intake Process for Car Accident Litigation A lawyer who has experience in the field of car accident litigation will be able to help you determine the strength of your case and the amount of settlement you can get. This is only possible if all the information you require is available. The first step in a car crash lawsuit is called discovery. During this phase attorneys and their teams will exchange documents and discuss questions under oath. Documentation A significant portion of the work involved in a car crash investigation is gathering evidence. This can include evidence like photographs, medical records or witness statements. The more documentation that you have the more convincing your case will become. The first piece of evidence that you must have is a law enforcement report. Typically, the police officer who comes to the scene of the accident will prepare a report, and this will provide important information about the circumstances of the crash and who was responsible for the incident. Your attorney may also make use of a law enforcement report to pursue additional evidence if required. If the accident occurred in the business environment for instance employees may have recorded video footage. If that's the case, a copy of the tape should be requested from the business as quickly as it is possible. Document any expenses you incurred because of the accident. Document any expenses you incurred due to. This can include medical bills and records of your treatment, receipts from medication rental car expenses and in-home care or assistance transport costs, and many more. Additionally, you must keep track of any income loss because of your accident. You can use your old tax returns and pay stubs. If you are able, obtain the names of any witnesses to the incident as well. They can be valuable sources of information for your case, especially if they are able to be a witness in a trial. But, it's important to keep in mind that witnesses are prone to altering their accounts over time, and they may forget details about the accident. Intake and Investigation If you have filed an insurance company or are starting a lawsuit against an at-fault driver, the intake process is essential to receive the fair and complete compensation you deserve for your injuries from a crash. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports and other evidence. They will also visit and document the accident scene. This will help them to understand the extent of the harm you've suffered as well as the actual and projected costs for your physical or emotional suffering. Then, they'll review your financial losses in order to determine the value of your case. Your damages can include not only your present and future medical costs but also income loss and property damage. Your lawyer will also investigate the incident, including questioning witnesses and analyzing all available evidence. They will also gather the driver at fault's driving records and phone records to determine what they were doing with their vehicle at the time of the collision. This is especially important in the event that there was a collision that involved an Uber or Lyft car, or any other evidence that suggests the driver was on the clock. As part of the discovery process the lawyer will ask about the defendant's criminal and traffic offense records. Generally, these details are not admissible in court, however they can be useful to discredit the credibility of the defendant in cross-examination. The process of negotiating a settlement After you've obtained the medical documents after which your lawyer can start settlement negotiations. Initially the insurance company will present an offer that is often considerably lower than what you demand in the letter. This is an opportunity to test the strength of your case. In the counteroffer, it's important to highlight the strongest points in your favor – for instance, that the insured was at the fault, and that you suffered serious injuries that resulted in significant medical expenses. The process of negotiating back and forth should eventually result in an equitable and reasonable amount. A skilled accident attorney will effectively argue the merits of your case, including presenting evidence that supports your losses. This could include photos of car damage, police reports and witness testimony. We are able to determine the various elements of your claim, including lost income or pain and suffering, as well as police reports. If the insurance company is unwilling to pay an amount that is reasonable at this point, we can make a claim. A trial typically lasts between one and two days and is heard either by a judge or a jury. If your case settles prior to reaching this stage the process could take months. Your lawyer may also be able to file a summary motion for judgment. This means presenting all of the evidence to your advantage and arguing that it's impossible for the other side to prevail. Filing a Lawsuit In the majority of car accident cases the parties are able to settle their disputes outside of court. Our team will assist you in negotiating an agreement with the insurance company, or directly with the person at fault. If auto accident attorneys colorado is not reached our lawyers will start an action against the defendant. The Complaint will include your claims and details about the cause of the crash and the reasons you are entitled to compensation. The defendant will be served the Complaint and given a specified amount of time to respond to it. The discovery phase is when our attorneys and the defendant begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will ask questions to the lawyer representing the defendant about their interpretation of the events, including the injuries you have suffered and what they believe happened. occurred. We will also seek out experts to back our assertions. During the discovery stage, your lawyer will prepare legal documents referred to as motions in court for a decision by a judge. This could include asking the court to block evidence or schedule a trial. It can take up to an entire year for the discovery process to be completed and a trial date established. It is imperative to speak with an experienced Long Island auto accident attorney as early as you can during the process.