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The Intake Process for Car Accident Litigation An experienced lawyer in car accident litigation will be able to help you determine the worth of your case and the amount of settlement you could receive. However this is only possible if you have all the information needed. Discovery is the first stage of an auto accident case. In this stage, attorneys and their teams will exchange documents and discuss questions under the oath. Documentation A large portion of the work involved in a car crash case is obtaining documentation. This may include evidence like medical records, photos, or witness statements. The more evidence you have, the more convincing your case will become. A police report is the very first document you should have. The police officer who arrives at the scene of an accident is likely to prepare a written report. It will provide important information about the accident and the person responsible for it. Your lawyer can also make use of a law enforcement report to seek additional evidence in the event of need. For instance, if the incident occurred at a company or office, an employee working at the area may have recorded footage of the incident. If this is the case, request a copy of the video from the company. Keep track of any expenses you incur because of the accident. Document all expenses you have incurred as a result of. This could include medical bills, records of your treatment, receipts for medication, rental car charges for in-home assistance, care at home transport costs, and many more. In addition, you should document any lost income because of your injury. You can use your old tax returns and pay stubs. You should also try to find the names of witnesses. They can be valuable sources of information for your case, particularly those who are able to testify at trial. It is important to remember that witnesses can alter their story and forget details about the accident over time. Intake and Investigation Whether you have filed an insurance company or have started a lawsuit against an at-fault driver, the intake process is crucial to getting the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will begin by examining your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene. This will allow them to determine the severity of the injuries you've suffered in relation to actual and projected costs for your emotional or physical suffering. They will also review your existing and expected financial losses to determine the total value of your case. The damages could not be limited to just future and present medical expenses, but also your loss of income as well as property damage. Your lawyer will also investigate and interview witnesses and analyzing the available evidence. They will also gather the driver who was at fault and their driving phone records to determine what they were doing with their vehicle at the time of the accident. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working while on the job, since this could negatively impact their ability to pay for your damages. As part of the discovery process Your lawyer will ask about the defendant's criminal and traffic offense records. In general, these information are not admissible in court, however they can be useful to impeach the defendant's credibility during cross-examination. Negotiating a Settlement After receiving the medical records, you're able to begin negotiations for settlement. Initially the insurance company will make an offer that is usually substantially lower than the amount you demand in the letter. This is a strategy to see how strong your argument is. In your counteroffer, it is essential to highlight the most compelling points you have in your favor. For example, the insurer was responsible and that there were serious injuries as well as expensive medical expenses. In the end, a lot of back and forth bargaining will lead to an amount that is both fair and reasonable. A skilled accident attorney can effectively argue for the benefits of your claim, including presenting evidence supporting your losses. This could include photographs of the damage to your vehicle or a police report, as well as witness testimony. We can determine the various elements of your claim such as loss of income, pain and suffering and police report. If the insurance company is unwilling to pay an acceptable amount at this point, we could start a lawsuit. A trial usually lasts between one and two days, and is judged by a judge or a jury. If your case is settled prior to this phase it can take a few months. Your lawyer may also be able to file a summary motion to enter judgment. This is where you present all the evidence to your advantage and arguing that it is impossible for the opposing side to win. Filing a Lawsuit In the majority of car crash instances, parties can resolve their disagreement outside of court. Our team will work to assist you in negotiating a settlement with the other driver's insurance company or directly with the person at fault. If there is no agreement Our lawyers will bring an action against the defendant. The complaint contains your claims and allegations about the incident and why you are entitled to compensation. The defendant is served with the Complaint, and given a certain amount of time to answer. The discovery phase is where our attorneys and the defendant begin to exchange documents and other materials in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, including what they believe happened during the crash, as well as how they think it happened and what injuries you have suffered. We will also seek out expert opinions to support our position. During the discovery process, your lawyer can submit legal documents, also known as motions to the court for a judge to rule on. auto accident lawyer bolingbrook could mean asking the court to exclude evidence or schedule a trial. It can take a whole year or more to complete the discovery process and determine the trial date for your case. This is the reason it's essential to work with an experienced Long Island car accident attorney early in the process.