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The Intake Process for Car Accident Litigation A lawyer that specializes in the area of car accident litigation will help you determine the strength of your case is, and how the settlement may be worth. But, this is only possible when you have all the information needed. The first step in a car crash lawsuit is known as discovery. During this phase attorneys and their teams exchange documents and ask each other questions under an oath. Documentation Documentation is a major element of an accident. This can include evidence like photographs, medical records or witness statements. Generally speaking, the more evidence you have to support your claim the more convincing your claim will be. A police report is the primary document you should have. Typically the police officer that comes to the scene of the accident will prepare reports, and these will contain important information about the circumstances of the crash and who was at fault for the incident. Your attorney may also make use of the law enforcement report to seek additional evidence, if needed. For instance, if the incident took place in a commercial where employees were present, the area may have recorded video footage of the incident. If this is the case, you should request a copy from the company. Keep track of any expenses you incur due to the accident. Record any costs you incur due to. These could include medical bills or records of treatment, receipts from medications rental car costs and in-home care or assistance transport costs, and many more. It is important to record any income lost due to your accident. This can include old pay stubs and tax returns. If you can, collect the names of witnesses to the incident as well. These people can serve as important sources of information in your case, especially when they can be a witness in a trial. But, it's important to keep in mind that witnesses can change their accounts over time, and could forget specific details about the accident. Intake and Investigation The intake process is critical to getting fair settlement for your accident-related injuries regardless of whether you've made an insurance claim or you are suing the person at fault. Your lawyer will begin by reviewing your medical 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 enable them to assess the severity of injuries you have suffered, both in terms current and projected costs for your emotional or physical suffering. Then, they'll review your financial losses to determine the worth of your case. The damages could not be limited to only future and ongoing medical expenses, but also your lost income and property damage. Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all available evidence. They will also take data from the cell phone and driving records of the driver at fault in order to determine how they operated their vehicle at the time. This is especially important if there was a collision that involved an Uber or Lyft car, or any other indication that the driver was working on the clock. In addition, your attorney will likely ask questions about the defendant's past criminal and traffic offense history as part of the discovery process. These information is generally not admissible, but can be used to undermine the credibility of the defendant during cross-examination. Negotiating a Settlement After you have obtained the medical records after which your lawyer can start settlement negotiations. In the beginning the insurance company may make an offer that is usually substantially lower than the amount you request in the letter. This is an opportunity to assess the credibility of your argument. In your counteroffer, it is important to highlight the strongest points you have to your advantage. For example, that the insurance company was at fault and that there were serious injuries and significant medical expenses. Negotiating back and forth should eventually lead to a fair and reasonable amount. A skilled accident attorney can effectively argue for the merits of your claim, including presenting evidence supporting your losses. This could include photos of the damage to your car or a police report, as well as witness testimony. We also know how to determine the value of each element of your claim, including loss of income, pain and suffering. If at this point the insurance company continues to refuse to offer a fair amount, we can choose to bring a lawsuit to court. A trial usually lasts between one and two days and is heard either by a judge or a jury. If your case settles prior to reaching this phase the process could take months. Alternatively, your attorney may be capable of filing a motion for summary judgment. auto accident law firm berkeley is a way of claiming that all evidence is in your favor, and arguing that it is impossible for the opponent to prevail. Filing an action In a majority of cases involving car accidents the parties can settle their disputes outside of court. Our team will assist you in negotiating an agreement with the other driver's insurance company or directly with the person at fault. If there is no agreement Our lawyers will initiate an action against the defendant. The Complaint will include your claims and allegations regarding the circumstances of the crash and the reason you should be compensated. The defendant is served the Complaint and given a specific amount of time to respond. During the discovery phase, our lawyers will exchange documents and other evidence with the defendant and ask questions via interrogatories as well as depositions. Our team will inquire to the defendant's lawyer about their version of the events, including what damages you've suffered and how they believe it occurred. We will also solicit expert opinions to support our position. During the process of discovery, your lawyer can submit legal documents, also known as motions to the court for a judge to rule on. This could include asking the court to exclude evidence or set a trial date. It can take up one year for the investigation process to be completed and a trial date set. It is crucial to talk with an experienced Long Island auto accident attorney as early as you can during the process.