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The Intake Process for Car Accident Litigation A lawyer who is specialized in the area of car accident litigation will assist you in determining how strong your case is as well as how the settlement may be worth. auto accident lawsuit abilene is only possible if all the information you require is available. Discovery is the first step of a car accident case. In this phase, 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 case is collecting evidence. This may include evidence like medical records, photos, or witness statements. The more evidence you have, the better your case will be. A law enforcement report is the first document you should have. Typically the police officer who arrives at the scene of the crash will prepare the report, and it will contain important information about how the crash occurred and who was at fault for the incident. If needed your attorney has to use the police report to gather additional evidence. For instance, if an incident occurred in a business the employee who worked at that location might have recorded footage of the incident. If this is the case, you should request a copy of the video from the company. Keep track of any expenses you incur because of the accident. Document any expenses you incurred due to. These could include medical bills and records of your treatment, receipts from medication rental car costs and in-home assistance or care transport costs, and much more. It is important to record any income you lose due to your injury. You can use your old tax returns and pay stubs. If you are able to, request the names of any witnesses to the accident as well. These people may be able to provide important details, especially if are able to have them testify in court. It is important to keep in mind that witnesses can change their accounts over time, and could forget specific details about the accident. Intake and Investigation Whether you have made an insurance claim with an firm or are beginning legal action against a negligent driver, the initial intake process is essential for obtaining an adequate and fair settlement for your crash injuries. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports, as well as other evidence. They will also go to and document the accident scene. This information will enable them to understand the extent of the injuries you've suffered in terms of future and current costs for your physical or emotional suffering. They will also review your existing and expected financial losses to estimate the value of your case. Damages could include not only your present and future medical expenses but also lost income and property damage. Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing all available evidence. They will also collect the at-fault driver's driving and cell phone records to see what they were doing with their vehicle at the time of the accident. This will be especially important if the collision involved an Uber or Lyft vehicle or any other sign that the driver was working, as this could impact the ability of them to pay damages. In addition your attorney may ask questions regarding the defendant's prior criminal and traffic offence history as part of the discovery process. These information is generally not admissible but could be used to undermine the credibility of the defendant during cross-examination. Negotiating a Settlement After you have obtained the medical records and obtaining the medical records, your lawyer can begin negotiations on settlement. The insurance company may make an initial offer that is much smaller than the amount that you demanded in your letter. This is a way to determine the strength of your argument. In the counteroffer, it's crucial to highlight the most powerful arguments in your favor, for example, the insured was at blame and that you were afflicted with severe injuries with high medical expenses. In the end, the back and forth negotiation will lead to an amount that is fair and reasonable. An experienced accident lawyer can successfully argue your claim's merits, including presenting proof to support your losses. This may include photos of the damage to your car or a police report, as well as witness testimony. We also know how to calculate the value of different elements of your claim, including lost income and suffering and pain. If the insurance company is unwilling to pay an amount that is reasonable at this point, we can make a claim. A trial typically lasts about two or three days and is either heard by an individual judge (called a bench trial) or by jurors. If your case is settled prior to this phase it can take a few months. Your lawyer may also be able file a summary motion to dismiss. This is a way of claiming that all evidence is in your favor, and arguing that it is impossible for the opposing side to prevail. Filing an action In the majority of cases involving car accidents parties are able to resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the person who was at fault. If an agreement is not reached, our attorneys will file a lawsuit against the defendant. The Complaint outlines your claims and allegations about the accident and why you are entitled to compensation. The defendant is served with the Complaint, and given a specific amount of time to answer. The discovery phase is when our lawyers and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions regarding their perspective on the events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you've sustained. We will also request expert opinions that will support our stance. During the discovery phase, your lawyer can prepare legal documents referred to as motions with the court to be ruled on by an individual judge. This can include requesting the court to exclude evidence or to schedule a trial. It could take up to an entire year for the discovery process to be completed and a trial date set. It is imperative to speak with an experienced Long Island auto accident attorney early in the process.