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The Intake Process for Car Accident Litigation A lawyer who is specialized in the field of car accident litigation can assist you in determining how strong your case is as well as how much your settlement could be worth. This is only possible when all the information you require is available. The initial step in a lawsuit involving a car accident is known as discovery. During this phase attorneys and their teams discuss documents and answer questions under the oath. Documentation Documentation is an integral aspect of the investigation in an accident. This may include evidence like photos, medical records, or witness statements. The more evidence you have the more convincing your case will be. auto accident lawsuit sunnyvale is the primary document you need. Typically, the police officer who comes to the scene of the crash will prepare reports, and these will provide crucial information on the circumstances of the crash and who was responsible for the incident. If needed your attorney has to use a police report to gather additional evidence. If the incident occurred in the business environment for instance an employee might have recorded video footage. If this is the case, you must request a copy of the video from the business. Keep track of any expenses you incur as a result of the accident. These could include medical bills and records of your treatment, receipts for medication rental car charges home care or assistance expenses for transportation, and many more. In addition, you should note any income loss as a result of your accident. This could include old pay slips and tax returns. It is also advisable to get the names of witnesses. They could be important sources of information in your case, particularly if they are able to give evidence at trial. However, it's important to remember that witnesses may alter their accounts over time, and they may forget details about the accident. Intake and Investigation The intake process is critical to obtaining fair compensation for your accident injuries regardless of whether you've submitted an insurance claim or are suing the responsible party. Your attorney will begin by looking over your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit the site of the accident to record and observe what they can. This information will allow them to understand the extent of the harm you've suffered in relation to current and projected costs for your physical or emotional suffering. They will then look over your existing and expected financial losses to estimate the value of your case. Damages could include not just your current and future medical costs but also lost income and property damage. Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and reviewing any available evidence. They will also collect the driver at fault's driving and cell phone records to see how they used their vehicle at the time of the accident. 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 on the clock. As part of the discovery process the lawyer will ask about the defendant's traffic and criminal conviction records. In general, these information are not admissible in court but they can be useful to impeach the defendant's credibility in cross-examination. The process of negotiating a settlement After you've obtained the medical documents after which your lawyer can start negotiations to settle the matter. The insurance company is likely to make an initial offer that is much lower than the amount you requested in your letter. This is a method to determine how strong your case is. In your counteroffer, it is crucial to emphasize the most important points you have to your advantage. For instance, you could argue that the insurance company was in the wrong and that there were serious injuries and expensive medical expenses. Then, back and forth bargaining will lead to an amount that is reasonable and fair. A skilled attorney for accidents will effectively argue the benefits of your claim, including presenting evidence that supports your losses. This could include photographs of the damage to your vehicle or a police report, as well as witness testimony. We also know how to determine the value of different elements of your claim, like loss of income, suffering and pain. If, at this point, the insurance company still refuses to provide a reasonable amount, we can decide to bring a lawsuit to court. A trial typically lasts one or two days and is supervised by a judge (called a bench trial) or by jurors. If your case settles before reaching this stage the process could take months. Your attorney may be in a position to file a motion for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the other side to win. Filing a Lawsuit In a majority of car accident cases parties are able to settle their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the driver who was at fault. However, if there is no agreement Our lawyers will bring an action against the defendant. The Complaint will contain your claims as well as allegations regarding the accident, and explains why you are entitled to compensation. The defendant will be served the Complaint and given a particular amount of time to respond. The discovery phase is the time when our attorneys and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their perspective on the events, such as what damages you've suffered and what they believe happened. took place. We will also seek expert opinions that support our position. During the discovery phase, your lawyer could file legal documents known as motions with the court for the decision of an individual judge. This could include asking the court to block evidence or to schedule a trial. It could take a year or more to complete the process of discovery and to set the trial date for your case. This is why it's crucial to work with an experienced Long Island car accident attorney at the beginning of the process.