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The Intake Process for Car Accident Litigation A lawyer who has experience in litigation involving car accidents will be able to assist you determine the worth of your case and the amount of settlement you can get. This is only possible when all the information you require is available. Discovery is the first step of an auto accident case. During this stage attorneys and their teams exchange documents and ask each other questions under an oath. Documentation A significant portion of the work involved in a car accident investigation is gathering evidence. This could include evidence such photos, medical records or witness statements. In general, the more evidence you have to back your claim, the more convincing your argument will be. The first document that you must have is a report from the police. Typically the police officer that comes to the scene of the accident will prepare the report, and it will give important details about how the accident occurred and who was at fault for the incident. Your lawyer may also utilize the law enforcement report to pursue additional evidence if required. If the accident happened in the business environment for instance an employee could have recorded video footage. If this is the case, a copy of the tape must be requested from the business as soon as possible. Document any expenses you incurred in the aftermath of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records for your treatment, receipts for medication rental car costs and in-home assistance or care expenses for transportation, and more. In addition, you should note any income loss because of your accident. This could include old pay stubs as well as tax returns. You should also try to obtain the names of witnesses. These witnesses can be valuable sources of information for your case, especially in the event that they are able to testify at trial. It's important to keep in mind that witnesses can alter their accounts and forget details about the incident as time passes. Intake and Investigation Whether you have filed an insurance firm or are beginning an action against the at-fault driver, the process of intake is essential for obtaining the fair and complete compensation you deserve for the accident injuries. Your lawyer will begin by looking through your medical records, and obtaining copies of accident reports and other available evidence. They will also visit the scene of the crash to record and observe what they can. This information will enable them to determine the severity of the injuries you've suffered in terms of actual and projected costs for your emotional or physical suffering. Then, they will review your current and future financial losses to determine the worth of your case. The damages could include not only your present and future medical costs but also lost income and property damage. Your lawyer will also investigate and interview witnesses and analyzing all available evidence. They will also take data from the cell phone and driving records of the at-fault drivers to determine how they used their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other sign that the driver was working while at work, as this could affect the ability of them to pay damages. In addition the lawyer may ask questions about the defendant's past criminal and traffic offense history during the discovery process. auto accident attorney wyoming are generally not admissible, but can be used to undermine the credibility of the defendant in cross-examination. The process of negotiating a settlement After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company will often make an initial offer that is much lower than the amount you demanded in your letter. This is a way to determine the strength of your case. In your counteroffer, it's essential to highlight the most compelling arguments in your favor. For instance, if you claim that the insurance company was at fault and that there were serious injuries as well as high medical costs. Then, back and forth bargaining should get you to an amount that is both reasonable and fair. A skilled attorney for accidents can successfully argue the merits of your case, by presenting evidence to prove your losses. This could include photos of car damage, police reports, and witness testimony. We know how to determine the various elements of your claim like loss of income along with pain and suffering as well as a police report. If the insurance company refuses to pay an appropriate amount at the moment, we can start a lawsuit. A trial usually lasts between one and two days, and is ruled on by jurors or a judge. If your case settles prior to this stage, it can take several months. Your attorney might also be able to file a summary judgment motion. This involves asserting that all evidence is in your favor, and arguing it's impossible for the opposing side to prevail. Filing an action In the majority of car accident cases parties can settle their dispute without going to court. Our team will assist you in negotiating an agreement with the insurance company of the other driver company, or directly with the person at fault. However, if there is no agreement, our lawyers will start a lawsuit against the defendant. The Complaint will detail your claims and allegations regarding how the accident occurred and the reason you should be compensated. The defendant will be served with the Complaint and given a particular timeframe to respond to it. During the discovery phase, our lawyers will exchange documents and other material with the defendant and ask questions through interrogatories and depositions. Our team will ask the attorney for the defendant questions about their version of the events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you have suffered. We will also request expert opinions to support our position. During the discovery phase, your lawyer could prepare legal documents referred to as motions with the court for a decision by the judge. This may include requests for the court's decision to exclude certain evidence or to schedule a trial date. It can take up to a year for the discovery process to be completed and a trial date established. It is essential to speak with an experienced Long Island auto accident attorney as early as possible during the process.