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The Intake Process for Car Accident Litigation A lawyer with expertise in the field of car accident litigation can help you determine how solid your case is and also how the settlement you receive could be worth. But this is only possible if you have all the information needed. The initial step in a car crash lawsuit is called discovery. In this phase, attorneys and their teams will exchange documents and ask questions under oath. auto accident lawyer birmingham of the work involved in a car accident case is collecting documentation. This could include evidence such as medical records, photos or witness statements. The more evidence you have the more convincing your case. The first piece of evidence that you must have is a report from the police. Typically, the police officer who comes to the scene of the crash will prepare an investigation report. This will give important details about how the crash occurred and who was at fault for the incident. Your lawyer may also utilize a law enforcement report to pursue additional evidence if necessary. If the incident occurred in an office for instance, an employee may have recorded video footage. If this is the case, the tape should be requested from the business as quickly as possible. Document any expenses you incurred due to the accident. Document all expenses you have incurred as a result of. This could include medical expenses as well as records of your treatment, medication receipts rental car costs and in-home care or assistance transport costs, and many more. In addition, you should note any income loss due to your accident. You can utilize old tax returns and pay stubs. You should also obtain the names of witnesses. These people may be able to give valuable information, especially if can get them to be a witness in court. However, it is important to remember that witnesses can change their testimony over time and may forget details of the incident. Intake and Investigation Whether you have filed a claim with an insurance firm or are beginning an action against an at-fault driver, the process of intake is essential for obtaining full and fair compensation for the injuries you sustained in a crash. Your attorney will begin by reviewing your medical records, and obtaining copies of accident reports and other evidence. They will also visit the scene of the crash to take note of what they can. This information will assist them understand the extent of your injuries in relation to future and current costs for your physical and emotional suffering. Then, they will look at your current and future financial losses to determine the value of your case. Your damages can include not just your current and future medical costs as well as lost income and property damage. Your lawyer will also investigate the incident, including speaking with witnesses and reviewing any available evidence. They will also take data from the cell phone and driving records of the drivers who were at fault to determine how they used their vehicle at that time. This is particularly important if there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver was working around the clock. As part of the discovery process as part of the discovery process, your lawyer will inquire about the defendant's criminal and traffic offense records. Generally, these details are not admissible in court, but they can be useful to undermine the credibility of the defendant during cross examination. Negotiating a Settlement After you have received your medical records, it is possible to start settlement negotiations. The insurance company is likely to make an initial offer that is lower than the amount you demanded in your letter. This is a strategy to assess how strong your case is. In the counteroffer, it is crucial to emphasize the most important arguments for your side – for example, that the insured was entirely at the fault and that you sustained serious injuries that resulted in the highest medical costs. The process of negotiating back and forth should eventually lead to an equitable and reasonable amount. A skilled accident attorney will effectively argue the merits of your claim, including presenting evidence to support your losses. This could include photos of vehicle damages, police reports and witness testimony. We are able to calculate the various components of your claim such as lost income or pain and suffering, as well as police reports. At this point, if the insurance company continues to refuse to offer a fair amount, we can choose to make a claim in court. A trial typically lasts between one and two days and is judged by a judge or a jury. If your case is settled prior to this phase, it can take several months. Your lawyer may also be able file a summary motion to enter judgment. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the opposing side to win. Filing an action In the majority of car accident cases parties can resolve their disagreement without going to court. Our team will work to help you negotiate 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 initiate a lawsuit against the defendant. The Complaint contains your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a specified timeframe to respond to it. The discovery phase is the time when our attorneys and the defendant begin to exchange documents and other material in exchange for questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, including how they believe the crash took place and what injuries you've suffered. We will also search for experts to back our claims. During the discovery phase, your lawyer may make legal documents known as motions in court to be ruled on by an individual judge. This can include requests for the court to omit certain evidence or to set the date for a trial. It could take a full year or more to complete the discovery process and establish a trial date for your case. This is the reason it's essential to consult with a seasoned Long Island car accident attorney early in the process.