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The Intake Process for Car Accident Litigation A lawyer who is specialized in litigation involving car accidents can help you determine how strong your case is and how the settlement might be worth. However it is only possible when you have all the relevant information. The first step in a car accident lawsuit is called discovery. During this stage, attorneys and their teams exchange documents and discuss their respective cases under the oath. Documentation Documentation is a major element of an accident. This may include evidence such as photographs, medical records, or witness statements. The more evidence you have to support your claim the more convincing your claim will be. A police report is the very first document you need. The police officer who arrives at the accident scene will usually prepare a report. It will give valuable information about the accident and who was responsible for it. If needed auto accident lawsuit rochester has to use a police report to gather additional evidence. For example, if the incident took place in a commercial, an employee at that area may have recorded video footage of the incident. If this is the case, request a copy of the video from the business. Record any expenses you have incurred because of the accident. These could include medical bills and records of your treatment, receipts from medication rental car costs as well as in-home care or assistance, transportation costs, and many more. In addition, you should note any income loss because of your injury. You can utilize old tax returns and pay stubs. It is also advisable to get the names of witnesses. These witnesses can be valuable sources of information for your case, particularly if they are able to be a witness in a trial. It's important to remember that witnesses can alter their narratives and forget specifics about the incident as time passes. Intake and Investigation The intake process is essential to obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you've filed an insurance claim or are suing the at-fault party. Your lawyer will begin by reviewing your medical treatment documents, and then obtaining copies accident reports, and other evidence. They will also go to the scene of the accident to observe and document what they can. This information will help them comprehend the severity of your injuries, both in terms of future and current costs for your physical and emotional suffering. They will then review your current and future financial losses to estimate the value of your case. The damages could include not only your current and future medical expenses, 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 take information about the driving habits and cell phones of the at-fault drivers to see how they used their vehicle at that time. This is especially important in the event that there was a collision with an Uber or Lyft vehicle, or any other evidence that suggests the driver worked while on the clock. As part of the discovery procedure, your lawyer will also inquire about the defendant's criminal and traffic record of offenses. In general, these information are not admissible in court, but they can be useful to undermine the credibility of the defendant during cross-examination. The process of negotiating a settlement Once you have the medical records then your lawyer will begin negotiations to settle the matter. The insurance company may make an initial offer that is less than the amount you requested in your letter. This is a way to test how convincing your case is. In your counteroffer, it is essential to highlight the most compelling points you have in your favor. For instance, you could argue the insurer was at fault and there were severe injuries and significant medical expenses. Negotiating back and forth will eventually lead to an equitable and reasonable amount. An experienced attorney can effectively argue for the merits of your claim including presenting evidence that supports your losses. This could include photos of the car's damage, a police report and witness testimony. We can determine the various elements of your claim, such as loss of income along with pain and suffering as well as a police report. At this point, if the insurance company refuses to offer a fair amount, we can decide to file a lawsuit in court. A trial usually lasts for one or two days and is usually ruled by an individual judge (called a bench trial) or a jury. If your case settles prior to reaching this stage the process could last months. Your attorney may also be able to file a summary motion to enter judgment. This involves arguing that all evidence is in your favour, and arguing that it's impossible for the opposition to prevail. Filing a Lawsuit In the majority of car accident instances, parties can resolve their disagreement outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will outline your claims and allegations regarding how the accident occurred and why you deserve compensation. The defendant will be served the Complaint and given a specified time frame to respond. The discovery stage is when our lawyers and the defendant begin to exchange documents and other material and ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their interpretation of the events, including what injuries you've suffered and the way they believe it occurred. We will also request expert opinions to support our position. During the discovery phase, your lawyer may file legal documents known as motions with the court for a decision by a judge. This may include requesting the court to block evidence or to schedule a trial. It can take a whole year or more to complete the discovery process and set the trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney at the earliest possible point during the process.