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The Intake Process for Car Accident Litigation A lawyer who has experience in defending car accident cases can help you determine the strength of your case and what settlement amount you might get. But this is only feasible with all the necessary information. Discovery is the first stage of an auto accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath. Documentation Documentation is an integral element of the event of a car crash. This may include evidence such as photos, medical records, or witness statements. The more evidence you have to support your claim the more convincing your argument will be. The first piece of evidence that you must have is a report from the police. The police officer who arrives at the scene is likely to prepare a written report. It will provide important information regarding the accident as well as who was responsible. If needed your lawyer has the option of using a police report to gather additional evidence. For example, if the accident happened in a business the employee who worked at that location might have recorded footage of the incident. If this is the case, request a copy of the video from the business. You should also record the expenses you incur as a result of the accident. auto accident attorneys waterbury could include medical expenses, records of your treatment, receipts from medications rental car expenses for in-home assistance, care at home as well as transportation costs. In addition, you should record any income loss as a result of your accident. This can include old pay stubs as well as tax returns. If you can, collect the names of witnesses to the incident as well. These people can serve as valuable sources of information for your case, particularly those who are able to be a witness in a trial. It is important to remember that witnesses can alter their accounts over time, and they may forget details about the accident. Intake and Investigation Whether you have filed an insurance claim with an company or are starting legal action against a negligent driver, the intake process is essential to obtaining full and fair compensation for the injuries you sustained in a crash. Your attorney will start by looking over your medical treatment documents, as well as copies of accident reports and other evidence. They will also go to and document the scene of the accident. This information will enable them to assess the severity of the harm you've suffered in terms of future and current costs for your physical or emotional suffering. They will then review your financial losses in order to determine the value of your case. The damages you suffer could include not just future and present medical expenses, but also lost income and property damage. Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any available evidence. They will also collect the at-fault driver's driving and phone records to determine how they were using their vehicle at the time of the collision. This is particularly important if there was a collision that involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working around the clock. As part of the process of discovery as part of the discovery process, your lawyer will inquire about the defendant's traffic and criminal record of offenses. These facts are usually not admissible but could be used to undermine the credibility of the defendant during cross-examination. Negotiating a Settlement After receiving the medical records, you can begin settlement negotiation. The insurance company is likely to make an initial offer that is much less than what you demanded in your letter. This is a strategy to assess how strong your argument is. In your counteroffer, it's important to highlight the strongest points you have to your advantage. For example, that the insurer was at fault and that there were severe injuries as well as the medical costs were high. Eventually, bargaining back and forth should get you to an amount that is both reasonable and fair. A skilled accident attorney can effectively argue the merits of your claim, including presenting evidence to support your losses. This could include photos of the damage to your vehicle or a police report, as well as witness testimony. We can determine the various elements of your claim, such as lost income, pain and suffering and police reports. If the insurance company is unwilling to pay an acceptable amount at this point, we can make a claim. A trial usually lasts between one and two days. It can be heard by a judge (called a bench trial) or a jury. If your case settles prior to this stage, it can take several months. In addition, your attorney might be capable of filing a motion for summary judgement. This involves asserting that all evidence is in your favor, and arguing it's impossible for the other side to prevail. Filing an action In the majority of car accident cases parties can resolve their disagreement without the need for court. Our team will help you negotiate an agreement with the 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 outline your claims and allegations about how the crash occurred and the reasons you are entitled to compensation. The defendant is served the Complaint, and given a set period of time to reply. During the discovery phase, our attorneys will exchange documents and other evidence with the defendant, while asking questions through interrogatories and depositions. Our team will be asking questions to the lawyer representing the defendant about their version of the events, such as what damages you've suffered and how they believe it took place. We will also seek expert opinions to support our position. During the discovery process your lawyer can submit legal documents, also known as motions to the court for a judge's ruling on. This can include requesting the court to block evidence or set a trial date. It could take up to an entire year for the discovery process to be completed and a trial date set. It's crucial to consult with an experienced Long Island auto accident attorney early in the process.