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The Intake Process for Car Accident Litigation A lawyer who is experienced in the field of car accident litigation will be able to assist you determine the strength of your case and how much settlement you could get. This is only possible if all the information you require is available. The initial step in a lawsuit involving a car accident is known as discovery. In this phase, attorneys and their teams will exchange documents and ask questions under an oath. Documentation A lot of the work that goes into a car accident case is collecting documentation. auto accident lawsuit portland can include evidence such as photographs, medical records, or witness statements. The more evidence you can provide to support your claim the more convincing your claim will be. A law enforcement report is the first document you should have. Typically, the police officer who arrives at the scene of the crash will prepare the report, and it will provide important information about what happened and who was at fault for the incident. If necessary you need to, your attorney can make use of the police report to gather additional evidence. For instance, if the accident happened in a business or office, an employee working at the area may have recorded footage of the incident. If this is the situation, the tape should be requested from the business as quickly as possible. You should also record the expenses you incur in the aftermath of the accident. These could include medical bills and records for your treatment, receipts for medications rental car costs, in-home care or assistance transport costs, and much more. It is important to record any income you lose due to your injury. This can include old pay stubs, as well as tax returns. If you are able, obtain the names of any witnesses to the accident as well. They may be able to provide valuable information, particularly if you can convince them to appear in court. It's important to remember that witnesses could alter their narratives and forget specifics about the incident over time. Intake and Investigation If you've filed a claim with an insurance company or are preparing legal action against a negligent driver, the process of obtaining an intake is essential for obtaining an adequate and fair settlement for the injuries you sustained in a crash. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports, as well as other evidence. They will also go to the scene of the crash to observe and document what they can. This will help them to assess the severity of injuries you have suffered in relation to future and current costs for your physical or emotional suffering. Then, they'll review your current and future financial losses in order to determine the value of your case. The damages you incur could include not just your current and future medical expenses but also income loss and property damage. Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all the available evidence. They will also take information about the driving habits and cell phones of the drivers at fault to determine if they were using their vehicle during the time. This is especially important in the event that there was a collision involving an Uber or Lyft car or any other indication that the driver worked while on the clock. As part of the discovery procedure as part of the discovery process, your lawyer will ask about the defendant's traffic and criminal conviction records. These information is generally not admissible, however they can be used to undermine the credibility of the defendant during cross-examination. The process of negotiating a settlement Once you have the medical records, you're able to start settlement negotiations. Initially, the insurance company will present an offer that is usually substantially lower than the amount you demand in the letter. This is a method to test the strength of your case. In your counteroffer, it's crucial to emphasize the most important arguments to your advantage. For instance, you could argue that the insurer was at fault and that there were serious injuries and high medical costs. The process of negotiating back and forth should eventually result in an appropriate and fair amount. A skilled accident attorney can successfully argue the merits of your case, by presenting evidence to prove your losses. This may include photos of the car damage as well as a police report and witness testimony. We are able to determine the various elements of your claim, such as lost income or pain and suffering, as well as police reports. If the insurance company refuses to pay a reasonable amount at the moment, we can file a lawsuit. A trial usually lasts between one and two days and is ruled on by an attorney or a jury. If your case settles before this point it can take a few months. Your attorney might also be able to file a summary motion for judgment. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to prevail. Filing a Lawsuit In the majority of car accident cases parties can resolve their disputes without the need for court. Our team will assist you negotiate with the insurance company of the other driver or directly with the driver who was at fault. If an agreement is not reached, our lawyers will initiate an action against the defendant. The Complaint will include your assertions and allegations regarding how the crash occurred and why you deserve compensation. The defendant is served with the Complaint, and given a specified amount of time to answer. The discovery stage is when our lawyers and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, such as what they believe happened, how they believe it occurred and what injuries you have suffered. We will also request expert opinions to support our position. During the discovery phase, your lawyer may prepare legal documents referred to as motions in court for the decision of the judge. This could include requests for the court to exclude certain evidence or set an appointment for trial. It can take as long as one year for the investigation process to be completed and a trial date scheduled. This is why it's important to partner with an experienced Long Island car accident attorney early on in the process.