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The Intake Process for Car Accident Litigation A lawyer who is experienced in defending car accident cases will be able to help you determine the strengths of your case as well as the amount of settlement you can get. But, this is only possible when you have all the necessary information. Discovery is the initial step of a car accident case. During this phase attorneys and their teams exchange documents and ask each other questions under the oath. Documentation The majority of the work involved in a car crash case is collecting documentation. This could be evidence like medical records, photos or witness statements. Generally speaking, the more evidence you can provide to support your claim the stronger your claim will be. A police report is the very first document you should have. Typically, the police officer who comes to the scene of the accident will prepare the report, and it will contain important information about the circumstances of the crash and who was at fault for the incident. If required your attorney has to use an investigation report to collect additional evidence. If the accident occurred in a place of business for instance, an employee may have recorded video footage. If this is the case the tape must be requested from the business as soon as possible. It is also important to document the expenses you incur due to the accident. This can include medical bills and records for your treatment, receipts for medication rental car expenses, in-home care or assistance as well as transportation costs and much more. You should also document any income lost due to your accident. You can use your old tax returns and pay stubs. You should also find the names of witnesses. They may be able to provide valuable information, especially if are able to have them appear in court. However, it's important to remember that witnesses can alter their testimony over time and they may forget details about the accident. Intake and Investigation If you've made an insurance claim with an company or are preparing legal action against a negligent driver, the initial intake process is crucial to getting the fair and complete compensation you deserve for the accident injuries. Your lawyer will begin by reviewing your medical records, obtaining copies of accident reports as well as other evidence. They will also visit and document the scene of the accident. This information will allow them to understand the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. They will also review your financial losses to determine the value of your case. Your damages can include not only your present and future medical expenses but also income loss and property damage. Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any evidence. They will also gather the driver at fault's driving and phone records to determine the way they used their vehicle at the time of the collision. This is particularly important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was at work, as this could impact their ability to pay for your damages. In addition to this your attorney may ask questions about the defendant's past criminal and traffic offence history during the discovery process. These details are typically not admissible, but they could be used to undermine the credibility of the defendant in cross-examination. The process of negotiating a settlement After you have received your medical records, it is possible to start settlement negotiations. The insurance company will often make an initial offer that is smaller than the amount that you requested in your letter. This is a method to determine how strong your case. When you counteroffer, it's important to highlight the strongest points you have in your favor. For instance, you could argue that the insurer was responsible and that there were severe injuries as well as expensive medical expenses. In the end, a lot of bargaining back and forth should result in an amount that is fair and reasonable. A skilled lawyer for accidents can effectively argue for your claim's merits, including presenting evidence to prove your losses. This could include photos of the damage to your vehicle along with a police report as well as witness testimony. We also know how to calculate the value of various elements of your claim, such as loss of income, suffering and pain. If, at this point, the insurance company continues to refuse to offer a reasonable amount, we can decide to bring a lawsuit to court. A trial typically lasts up to two days and is supervised by a judge (called a bench trial) or jurors. If your case is settled before this stage it could take several months. Your lawyer may also be able to file a summary motion to enter judgment. This is where you present all the evidence in your favor and arguing that it's impossible for the opposing side to prevail. Filing an action In the majority of car accident cases, the parties are able to settle their dispute outside of court. Our team will work to help you negotiate a settlement with the insurance company or directly with the person at fault. If no agreement can be reached, our attorneys will file a suit against the defendant. The complaint contains your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a specific amount of time to respond to it. During auto accident law firm baltimore , our attorneys will discuss documents and other evidence with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions about their view of events, focusing on what they believe happened during the crash, as well as how they think it occurred and the injuries you've sustained. We will also look for experts to back our assertions. During the discovery process, your lawyer could submit legal documents, also known as motions to the court for a judge to rule on. These could include requests to the court to exclude certain evidence, or to set the date for a trial. It can take up to one year for the discovery process to be completed and a trial date established. This is why it's important to find a knowledgeable Long Island car accident attorney at the beginning of the process.