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The Intake Process for Car Accident LitigationA lawyer who is experienced in litigation involving car accidents will be able to help you determine the worth of your case and the amount of settlement you could receive. But this is only possible if you have all the necessary information.Discovery is the very first step of an auto accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under oath.DocumentationA significant portion of the work that goes into a car accident case is obtaining documentation. This could include evidence such medical records, photos or witness statements. The more documentation that you have, the better your case will be.The first piece of documentation that you must have is a report from the police. Typically the police officer that arrives at the scene of the crash will prepare reports, and these will provide crucial information on how the crash occurred and who was responsible for the incident.auto accident lawsuit decatur can also make use of a law enforcement report to seek additional evidence if required. For example, if the incident took place in a commercial the employee who worked at that site might have recorded footage of the incident. If this is the case, you should ask for a copy of the footage from the business.Note any costs you have incurred as a result of the accident. This could include medical expenses or records of treatment, receipts for medication rental car costs for in-home assistance, care at home, transportation costs and more. In addition, you should document any lost income due to your accident. This can include old pay stubs, as well as tax returns.If you are able, obtain the names of any witnesses to the accident as well. They may be able to provide valuable details, especially if can get them to be a witness in court. It is important to keep in mind that witnesses can alter their story over time and they may forget details about the accident.Intake and InvestigationWhether you have made an insurance claim with an company or have started an action against the at-fault driver, the initial intake process is essential for obtaining the full and fair amount of compensation for the accident injuries. Your lawyer will begin by examining your medical records, and obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.This information will allow them to assess the severity of the harm you’ve suffered in relation to actual and projected costs for your emotional or physical suffering. Then, they will look at your financial losses to estimate the value of your case. The damages you incur could include not just your current and future medical expenses as well as lost income and property damage.Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing all available evidence. They will also take the driving and cell phone records of the at-fault drivers to determine if they were using their vehicle at the time. This is especially important if the collision involved an Uber or Lyft vehicle, or any other indicator that the driver was working while working, as it could affect the ability of them to pay damages.In addition your attorney may ask questions about the defendant’s previous criminal and traffic convictions during the discovery process. These details are generally not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.Negotiating a SettlementAfter receiving the medical records, you’re able to begin settlement negotiation. The insurance company will typically make an initial offer that is smaller than the amount that you requested in your letter. This is a method to test how convincing your case. In the counteroffer it is crucial to emphasize the most important points in your favor – for example, the insured was fully at the fault, and that you suffered serious injuries that resulted in high medical costs. Negotiating back and forth should eventually lead to a fair and reasonable amount.An experienced attorney can successfully argue the merits of your claim, including presenting evidence supporting your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to calculate the value of various elements of your claim, like loss of income, pain and suffering.If the insurance company refuses to pay an acceptable amount at this point, we could bring a lawsuit. A trial usually lasts for between one and two days. It is usually ruled by a judge (called a bench trial) or jurors. If your case is settled before reaching this phase the process could last months. Alternatively, your attorney may be capable of filing an application for summary judgment. This involves arguing that all evidence is in your favor and arguing that it’s impossible to allow the opponent to prevail.Filing an actionIn the majority of cases involving car accidents, the parties are able to resolve their disputes outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. If an agreement is not reached, our lawyers will file a suit against the defendant. The Complaint will include your assertions and allegations regarding how the crash occurred and the reason you should be compensated. The defendant is served with the Complaint, and given a specific amount of time to respond.The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the defendant’s attorney questions regarding their interpretation of events, including what they believe happened during the crash, as well as how they think it occurred and the injuries you have suffered. We will also seek experts to back our claims.During the discovery phase, your lawyer could prepare legal documents referred to as motions with the court for the decision of an individual judge. This could include requests for the court to omit certain evidence or to schedule a trial date. It could take up to an entire year for the discovery process to be completed and a trial date scheduled. This is the reason it’s essential to partner with an experienced Long Island car accident attorney early in the process.