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The Intake Process for Car Accident Litigation A lawyer with experience in defending car accident cases will be able to assist you determine the potential strength of your case and the amount of settlement you could receive. However, this is only possible with all the necessary information. The initial step in a lawsuit involving a car accident is called discovery. During this stage, attorneys and their teams will exchange documents and discuss questions under an oath. Documentation A large portion of the work involved in a car accident case is collecting evidence. This could include evidence such photographs, medical records or witness statements. The more documentation that you have the more convincing your case. The first piece of evidence you should have is a police report. Typically the police officer that comes to the scene of the accident will draft reports, and these will provide crucial information on how the crash occurred and who was at fault for the incident. If necessary you need to, your attorney can make use of an investigation report to collect additional evidence. If the incident occurred in the business environment such as a place of business, an employee may have recorded video footage. If this is the situation, the tape should be requested from the business as quickly as possible. Record any expenses you have incurred as a result of the accident. These could include medical bills and records for your treatment, receipts for medicines rental car expenses home care or assistance transport costs, and many more. In addition, you should keep track of any income loss due to your injury. This can include old pay stubs, as well as tax returns. You should also try to obtain the names of witnesses. These people may be able provide valuable information, especially if are able to have them appear in court. It's important to keep in mind that witnesses may change their accounts and forget details about the incident over time. Intake and Investigation If you have filed an insurance claim with an company or have started legal action against a negligent driver, the process of obtaining an intake is essential to receive the full and fair amount of compensation for your injuries from a crash. Your attorney will begin by looking over 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 allow them to know the extent of your injuries in relation to future and current costs for your emotional and physical suffering. They will then review your existing and expected financial losses to determine the total value of your case. The damages could include not just future and present medical expenses, but also lost income and property damage. Your lawyer will also investigate the incident, including questioning witnesses and analyzing any available evidence. They will also take the driver at fault's driving and phone records to determine how they were using their vehicle at the time of the crash. This is especially important if there was a collision that involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was on the clock. As part of the discovery procedure Your lawyer will ask about the defendant's traffic and criminal conviction records. Generally, these details are not admissible in court, but they can be useful to discredit the credibility of the defendant during cross examination. The process of negotiating a settlement After you have obtained the medical records, your lawyer can begin negotiations to settle the matter. In the beginning the insurance company will present an offer that's usually considerably lower than what you demand in the letter. This is a way to assess the credibility of your argument. When auto accident law firm wilmington counteroffer, it's crucial to emphasize the most important points that you have to your advantage. For instance, you can say that the insurance company was at fault and there were serious injuries and significant medical expenses. Negotiating back and forth could eventually lead to an appropriate and fair amount. A skilled attorney can successfully argue for your claim's merits, by presenting evidence to justify your losses. This could include photos of the damage to your car or a police report, as well as witness testimony. We also know how to determine the value of different elements of your claim, including loss of income, pain and suffering. If the insurance company is unwilling to pay a reasonable amount at the moment, we can make a claim. A trial usually lasts between one and two days, and is ruled on by either a judge or jury. If your case is settled before this stage it could take several months. In addition, your attorney might be able to file a motion for summary judge. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to win. Filing a Lawsuit In the majority of car accident cases, the parties are able to resolve their disagreement outside of court. Our team can help you negotiate with the insurance company of the other driver or directly with the person who was at fault. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint will list your claims and allegations about how the crash occurred and the reasons you are entitled to compensation. The defendant is served with the Complaint, and given a certain amount of time to answer. During the discovery phase, our attorneys will share documents and other information with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, such as the circumstances under which they believe the crash occurred and what injuries you've suffered. We will also request expert opinions that support our position. During the discovery phase, your lawyer could file legal documents called motions to the court for a judge's ruling on. These could include requests to the court to block certain evidence or to set a trial date. It could take up to an entire year for the discovery process to be completed and a trial date established. This is the reason it's essential to partner with an experienced Long Island car accident attorney early on in the process.