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The Intake Process for Car Accident Litigation An experienced lawyer in litigation involving car accidents will be able to help you determine the strength of your case and how much settlement you could get. This is only possible if all the information you need is available. Discovery is the initial step of a car accident case. During this stage, attorneys and their teams communicate with each other and ask questions under the oath. Documentation A lot of the work involved in a car accident investigation is gathering evidence. This can include evidence like photographs, medical records, or witness statements. The more evidence you have, the more convincing your case will become. A law enforcement report is the first document you need. The police officer who arrives at the scene is likely to prepare a written report. This report will provide important information regarding the accident as well as who was responsible for it. If needed your attorney has to use a police report to gather additional evidence. If the incident occurred at the workplace for instance an employee could have recorded video footage. If this is the case the tape should be requested from the business as quickly as it is possible. Document any expenses you incurred in the aftermath of the accident. This could include medical bills or records of treatment, receipts from medications, rental car charges and in-home care or assistance, transportation costs and more. In addition, you should document any lost income because of your injury. This could include old pay stubs, as well as tax returns. If you can, collect the names of witnesses to the incident as well. These witnesses can be important sources of information in your case, especially if they are able to be present at trial. However, it's important to keep in mind that witnesses may alter their accounts over time, and they may forget details about the accident. Intake and Investigation If you've made a claim with an insurance company or have started an action against the at-fault driver, the process of intake is essential to receive full and fair compensation for your injuries from a crash. Your attorney will start by looking over your medical treatment documents, and then obtaining copies accident reports as well as other evidence. They will also go to the scene of the accident to document and observe what they can. This information will help them determine the extent of your injuries as well as the current and projected future costs for your emotional and physical suffering. They will then analyze your existing and expected financial losses to determine the total value of your case. The damages could comprise not only your current and future medical expenses as well as lost income and property damage. Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also take driving and cell phone records of the drivers at fault to determine if they were using their vehicle at the time. This is particularly important when there was a collision that involved an Uber or Lyft car, or any other evidence that suggests the driver was on the clock. Additionally the lawyer may ask questions about the defendant's criminal and traffic offense history as part of the discovery process. These facts are usually not admissible but could be used to undermine the defendant's credibility during cross-examination. Negotiating a Settlement Once you have the medical records, you're able to begin negotiations for settlement. The insurance company may make an initial offer that is much smaller than the amount that you demanded in your letter. This is an opportunity to determine the strength of your case. In auto accident attorneys missouri , you must be crucial to highlight the most powerful arguments for your side – for example, that the insured was fully at blame and that you were afflicted with serious injuries that resulted in high medical expenses. Negotiating back and forth should eventually result in an appropriate and fair amount. An experienced accident lawyer can effectively argue for the benefits of your claim, including presenting evidence that supports 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 offer a reasonable amount, we can decide to file a lawsuit in court. A trial usually lasts for up to two days and is usually ruled by an individual judge (called a bench trial) or a jury. 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 a way of presenting all the evidence in your favor and arguing that it is impossible for the other side to prevail. Filing a Lawsuit In the majority of car accident cases, the parties can resolve their disagreement outside of court. Our team will work to assist you in negotiating an agreement with the insurance company or directly with the person at fault. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint will include your claims and allegations about the circumstances of the crash and why you deserve compensation. The defendant will be served the Complaint and given a specified period of time to respond to it. The discovery phase is the time when our lawyers and the defendant will 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 the events, such as what they believe happened, how they believe it occurred and what injuries you have suffered. We will also seek out expert opinions to support our claims. During the discovery phase, your lawyer could file legal documents known as motions in court to be decided by an individual judge. This could mean asking the court to block evidence or schedule a trial. It can take as long as an entire year for the discovery process to be completed and a trial date set. It is essential to speak with an experienced Long Island auto accident attorney as early as possible in the process.