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The Intake Process for Car Accident Litigation A lawyer that specializes in car accident litigation can help you determine how strong your case is and also how much your settlement could be worth. However it is only possible when you have all the necessary information. The first step in a car crash lawsuit is called discovery. During this stage attorneys and their teams exchange documents and ask each other questions under an oath. Documentation The majority of the work that goes into a car accident case is collecting documentation. This could include evidence such photos, medical records or witness statements. The more evidence you have the more convincing your case. A law enforcement report is the first piece of paper you should have. The police officer who arrives at the scene will usually prepare a report. This report will provide important details about the incident and who was responsible for it. Your attorney can also use a law enforcement report to seek additional evidence if required. For instance, if the accident happened in a business, an employee at that site might have recorded video footage of the incident. If this is the case, request a copy of the video from the business. It is also important to document any expenses you incurred due to the accident. This could include medical bills and records of your treatment, receipts for medication rental car charges as well as in-home care or assistance expenses for transportation, and many more. Additionally, you must note any income loss due to your accident. You can utilize old tax returns and pay stubs. If you can, collect the names of witnesses to the accident as well. These people can serve as important sources of information in your case, particularly when they can give evidence at trial. It is important to keep in mind that witnesses may change their stories and forget details regarding the accident as time passes. Intake and Investigation Whether you have made an insurance company or are starting a lawsuit against an at-fault driver, the intake process is essential to receive the fair and complete compensation you deserve for your crash injuries. Your attorney will start by reviewing your medical treatment documents, and then obtaining copies accident reports as well as other evidence. auto accident lawyer west jordan will also visit the scene of the crash to observe and document what they can. This information will allow them to comprehend the severity of your injuries both in terms of current and projected future costs for your physical and emotional suffering. They will then analyze your existing and expected financial losses to determine the total value of your case. The damages you incur could comprise not only your current and future medical costs, but also lost income and property damage. Your lawyer will also investigate the incident, including speaking with witnesses and analyzing the available evidence. They will also take data from the cell phone and driving records of the at-fault drivers to see how they used their vehicle during the time. This is particularly important if there was a collision that involved an Uber or Lyft vehicle or any other indication that the driver was on the clock. As part of the discovery process, your lawyer will also ask about the defendant's traffic and criminal offense records. These details are typically not admissible but could be used to undermine the credibility of the defendant in cross-examination. The process of negotiating a settlement After you have received your medical records, you're able to start settlement negotiations. In the beginning the insurance company may make an offer that is usually considerably lower than what you requested in your letter. This is an opportunity to test the credibility of your argument. When you counteroffer, it's essential to highlight the most compelling arguments to your advantage. For instance, if you claim the insurer was responsible and that there were severe injuries as well as expensive medical expenses. Negotiating back and forth could eventually lead to a fair and reasonable amount. A skilled accident lawyer can effectively argue for your claim's merits, including presenting evidence to prove your losses. This could include photos of car damage, police reports or witness testimony. We also know how to calculate the value of different elements of your claim, including lost income and suffering and pain. If at this point the insurance company is still refusing to offer a fair amount, we can choose to file a lawsuit in court. A trial usually lasts between one and two days and is conducted by jurors or a judge. If your case settles before this stage it could take several months. In addition, your attorney might be in a position to file a motion for summary judge. This means presenting all of the evidence in your favor and arguing that it's impossible for the opposing side to prevail. Filing a Lawsuit In the majority of car accident cases, the parties are able to settle their disputes outside of court. Our team will assist you in negotiating a settlement with the other driver's insurance company or directly with the at-fault party. If an agreement is not reached the lawyers of our firm will start an action against the defendant. The Complaint will include your claims and details about the circumstances of the crash and why you deserve compensation. The defendant will be served with the Complaint and given a particular time frame to respond. During the discovery phase, our lawyers will exchange documents and other material with the defendant while asking questions via interrogatories and depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, such as the circumstances under which they believe the crash happened and what injuries you have suffered. We will also seek experts to back our assertions. During the discovery stage, your lawyer will submit legal documents, also known as motions to the court for a decision by an individual judge. This can include requesting the court to exclude evidence or schedule a trial. It could take up to a year for the discovery process to be completed and a trial date to be set. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.