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The Intake Process for Car Accident Litigation A lawyer who specializes in the area of car accident litigation will assist you in determining how strong your case is, and how the settlement may be worth. This is only possible if all the information you require is available. Discovery is the very first step of an auto accident case. During this stage attorneys and their teams exchange documents and ask each other questions under the oath. Documentation Documentation is a large element of the event of a car crash. This could be evidence like photographs, medical records, or witness statements. The more evidence you have, the more convincing your case. The first document that you must have is a law enforcement report. Typically the police officer who comes to the scene of the crash will prepare the report, and it will contain important information about the circumstances of the crash and who was responsible for the incident. If required you need to, your attorney can make use of the police report to gather additional evidence. If the accident occurred in the workplace for instance an employee might have recorded video footage. If that's the case, a copy of the tape must be requested from the business as soon as possible. You should also record any expenses you incurred due to the accident. This can include medical bills and records of your treatment, receipts for medicines rental car charges, in-home care or assistance transport costs, and much more. You should also document the loss of income due to your injury. You can use tax returns and pay stubs. If you are able to, request the names of witnesses to the accident as well. These people may be able to provide important details, especially if can convince them to give evidence in court. It's important to keep in mind that witnesses can alter their story and forget details about the incident as time passes. Intake and Investigation The intake process is essential to getting fair compensation for your accident injuries, whether you have filed a claim with an insurance company or are suing the responsible party. Your attorney will start by looking over your medical treatment records, and obtaining copies of accident reports, and other evidence. They will also visit the site of the accident to document and observe what they can. This information will assist them understand the extent of your injuries in relation to current and projected future costs for your emotional and physical suffering. They will then review your financial losses in order to determine the worth of your case. The damages you incur 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 obtain the driving and cell phone records of the at-fault drivers to determine if they were using their vehicle at the time. 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 process of discovery, your lawyer will also inquire about the defendant's criminal and traffic offense records. Generally speaking, these facts are not admissible in court, but they could be helpful to undermine the credibility of the defendant during cross examination. The process of negotiating a settlement After you have received your medical records, you are able to begin settlement negotiation. The insurance company will often make an initial offer that is less than the amount you requested in your letter. This is an opportunity to determine the credibility of your argument. In the counteroffer it is important to emphasize the strongest arguments you have in your favor – for example, the insured was at fault and that you suffered severe injuries with high medical costs. Eventually, auto accident lawyer farmington hills and forth should result in an amount that is both fair and reasonable. A skilled lawyer for accidents can effectively argue your claim's merits, including presenting evidence to back your losses. This may include photos of the car damage, a police report and witness testimony. We also know how to calculate the value of different elements of your claim, like lost income and suffering and pain. If the insurance company refuses to pay an amount that is reasonable at this point, we can start a lawsuit. A trial typically lasts between one and two days, and is ruled on by a judge or a jury. If your case is settled before reaching this phase it could take months. Your lawyer may also be able to file a summary motion to enter judgment. This means claiming that all evidence is in your favor, and arguing that it is impossible for the opposition to win. Filing a Lawsuit In the majority of car crash cases, the parties are able to resolve their disagreement without going to court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the driver at fault. If there is no agreement our lawyers will bring a lawsuit against the defendant. The Complaint will detail your claims and allegations about the cause of the crash and why you are entitled to compensation. The defendant will be served with the Complaint and given a specific amount of time to respond. The discovery phase is where our lawyers and the defendant will begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, including what they believe happened during the crash, as well as how they think it happened and what injuries you've sustained. We will also search for experts to back our assertions. During the discovery phase, your lawyer could file legal documents known as motions to the court for the decision of a judge. This can include requesting the court to omit evidence or schedule a trial. It could take a year or more to complete the discovery process and set the date of trial for your case. This is why it's crucial to find a knowledgeable Long Island car accident attorney at the beginning of the process.