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The Intake Process for Car Accident Litigation A lawyer who is specialized in car accident litigation can help you determine the strength of your case is as well as how the settlement might be worth. This is only possible if all the information you require is available. Discovery is the initial step of an auto accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under an oath. Documentation A lot of the work involved in a car accident case is collecting documentation. This may include evidence like photographs, medical records, or witness statements. Generally speaking, the more evidence you have to support your claim the stronger 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 scene will usually prepare a report. This report will provide important details about the incident and the person responsible for it. Your lawyer may also utilize an official report from law enforcement to seek additional evidence, if needed. If the incident occurred in a place of business, for example an employee could have recorded video footage. If this is the case, you should request a copy from the business. Keep track of any expenses you incur as a result of the accident. This could include medical bills or records of treatment, receipts from medication, rental car charges as well as in-home assistance or care as well as transportation costs. It is important to record any income loss due to your injury. This can include old pay stubs, as well as tax returns. If you can, collect the names of witnesses to the accident as well. They can be valuable sources of information for your case, especially when they can be a witness in a trial. However, it's important to keep in mind that witnesses can alter their story over time and they may forget details about the accident. Intake and Investigation If you've filed an insurance firm or are beginning an action against an at-fault driver, the initial intake process is crucial to getting full and fair compensation for the injuries you sustained in a crash. Your attorney will start by looking through your medical documents, and then obtaining copies accident reports and other evidence. They will also visit and document the accident scene. This information will enable them to determine the severity of the harm you've suffered, both in terms actual and projected costs for your emotional or physical suffering. Then, they will review your current and future financial losses in order to determine the worth of your case. Your damages may include not only future and ongoing medical expenses, but also your lost income and property damage. Your lawyer will also investigate the incident, including questioning witnesses and analyzing any evidence. They will also obtain the driver who was at fault and their driving phone records to determine the way they used their vehicle at the time of the crash. This is particularly important when there was a collision with an Uber or Lyft vehicle, or any other indication that the driver was working on the clock. In addition to this the lawyer may inquire about the defendant's criminal and traffic offense history during the discovery process. These facts are usually not admissible, but they could be used to undermine the credibility of the defendant in cross-examination. Negotiating a Settlement Once you have the medical records, it is possible to begin negotiations for settlement. Initially the insurance company will make an offer that's usually much lower than what you request in the letter. This is a way to determine how strong your argument is. In your counteroffer it is crucial to emphasize the most important points you have to your advantage. For instance, if you claim that the insurance company was at fault and that there were severe injuries and significant medical expenses. In the end, a lot of negotiations back and forth will result in an amount that is both reasonable and fair. A skilled accident attorney can successfully argue the merits of your claim, by presenting evidence to prove your losses. This may include photos of the car damage along with a police report as well as witness testimony. We also know how to calculate the value of various elements of your claim, like lost income and pain and suffering. If the insurance company refuses to pay an amount that is reasonable at this point, we could bring a lawsuit. A trial usually lasts for up to two days and is usually ruled by an individual judge (called a bench trial) or by a jury. If your case settles before reaching this phase it could take months. In addition, your attorney might be in a position to file a motion for summary judgment. This is where you present all the evidence in your favor and arguing that it is impossible for the opposing side to prevail. Filing an action In the majority of car accident cases parties can settle their dispute without the need for court. Our team can help you negotiate with the insurance company of the other driver or directly with the person responsible for the accident. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will outline your claims and details about the circumstances of the crash and the reason you should be compensated. The defendant is served the Complaint and given a specific period of time to reply. During the discovery phase, our attorneys will discuss documents and other information with the defendant while asking questions via interrogatories and depositions. Our team will pose questions to the lawyer of the defendant regarding their view of the events, including what damages you've suffered and the way they believe it happened. We will also seek expert opinions to support our position. During auto accident law firm north las vegas of discovery, your lawyer could submit legal documents known as motions to the court for a judge to decide on. This could include requests for the court's decision to exclude certain evidence or to set a trial date. It can take a year or more to complete the discovery process and set an appointment date for your case. This is why it's crucial to partner with an experienced Long Island car accident attorney early in the process.