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The Intake Process for Car Accident Litigation A lawyer with experience in litigation involving car accidents will be able to assist you determine the strength of your case and the amount of settlement you could receive. This is only possible if all the information you need is available. Discovery is the first stage of a car accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath. Documentation Documentation is an integral component of an accident. This could be evidence like photographs, medical records, or witness statements. In general, the more evidence you have to back your claim the more convincing your case will be. A police report is the first piece of paper you should have. The police officer who arrives at the scene is likely to prepare a written report. This report will provide important information about the accident and who was responsible for it. If necessary your attorney has to use a police report to gather additional evidence. For example, if the incident occurred in a business or office, an employee working at the site might have recorded footage of the incident. If this is the case a copy of the tape should be requested from the business as soon as possible. You should also document the costs you have incurred in the aftermath of the accident. This could include medical expenses, records of your treatment, medication receipts rental car expenses and in-home care or assistance, transportation costs and more. In addition, you should keep track of any income loss as a result of your injury. This can include old pay stubs, as well as tax returns. If you can, get the names of witnesses to the accident as well. auto accident attorneys fort myers can be valuable sources of information for your case, particularly those who are able to testify at trial. However, it is important to remember that witnesses may alter their testimony over time and may forget details of the incident. Intake and Investigation The process of intake is crucial in obtaining fair compensation for your injuries sustained in an accident, whether you have filed a claim with an insurance company or are suing the party at fault. Your attorney will start by looking over your medical treatment documents, as well as copies of accident reports as well as other evidence. They will also go to and document the scene of the accident. This information will enable them to determine the severity of the harm you've suffered as well as the current and projected costs for your emotional or physical suffering. They will then review your financial losses to determine the total value of your case. The damages you incur could include not only your present and future medical expenses as well as lost income and property damage. Your lawyer will also conduct an investigation, including interviewing any witnesses and reviewing all available evidence. They will also take the driver who was at fault and their driving phone records to determine the way they used their vehicle at the time of the crash. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other evidence that suggests the driver was working while on the job, as this could negatively impact their ability to pay for your damages. As part of the discovery process, your lawyer will also ask about the defendant's traffic and criminal record of offenses. Generally speaking, these facts are not admissible in court but they can be useful to discredit the credibility of the defendant during cross examination. Negotiating a Settlement After you have obtained the medical records, your lawyer can begin negotiations for settlement. In the beginning, the insurance company will make an offer which is usually much lower than what you have requested in the letter. This is a method to test the credibility of your argument. In the counteroffer, you must be crucial to emphasize the most important points in your favor – for example, the insured was fully at fault and that you suffered severe injuries with high medical costs. In the end, a lot of back and forth bargaining will lead to an amount that is both reasonable and fair. An experienced accident lawyer will effectively argue the merits of your case, by presenting evidence to prove your losses. This could include photos of the car damages, police reports and witness testimony. We also know how to determine the value of different elements of your claim, like lost income and suffering and pain. If at this point the insurance company is still refusing to provide a reasonable amount, we may choose to make a claim in court. A trial usually lasts between one and two days and is judged by an attorney or a jury. If your case is settled before reaching this phase the process could last months. Your attorney may be capable of filing a motion for summary judge. This is a way of claiming that all evidence is in your favor, and arguing that it's impossible for the opposition to prevail. Filing an action In the majority of car crash cases parties can settle their disputes without going to court. Our team will work to assist you in negotiating an agreement with the other driver's insurance company, or directly with the party at fault. If an agreement is not reached Our lawyers will file a lawsuit against the defendant. The Complaint will include your claims and allegations regarding how the accident occurred and why you deserve compensation. The defendant is served with the Complaint and given a specified amount of time to respond. The discovery stage is when our lawyers and the defendant begin to exchange documents and other material as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of the events, including what they believe happened during the crash, as well as how they think it took place and what injuries you've suffered. We will also request expert opinions that enforce our position. During the discovery phase, your lawyer could file legal documents known as motions in court for the decision of a judge. This could include asking the court to omit evidence or schedule a trial. It could take up to one year for the investigation process to be completed and a trial date established. This is why it's vital to find a knowledgeable Long Island car accident attorney at the beginning of the process.