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The Intake Process for Car Accident Litigation An experienced lawyer in defending car accident cases will be able to assist you determine the strength of your case and the amount of settlement you can receive. But this is only feasible with all the relevant information. Discovery is the very first step of a car accident case. In this phase, attorneys and their teams exchange documents and discuss their respective cases under the oath. Documentation A significant portion of the work that goes into a car accident investigation is gathering evidence. This can include evidence such as photographs, medical records, or witness statements. The more evidence you have the more convincing your case will be. A law enforcement report is the primary document you should have. Typically the police officer who arrives at the scene of the accident will write a report, and this will contain important information about what happened and who was responsible for the incident. auto accident lawyer overland park may also make use of the law enforcement report to obtain additional evidence in the event of need. For example, if the accident happened in a business the employee who worked at that location may have recorded footage of the incident. If this is the situation, a copy of the tape must be requested from the company as soon as is possible. Keep track of any expenses you incur due to the accident. Record any costs you incur due to. This can include medical bills and records for your treatment, receipts for medication rental car costs as well as in-home care or assistance as well as transportation costs and more. Additionally, you must keep track of any income loss as a result of your accident. This could include old pay stubs as well as tax returns. If you can, get the names of witnesses to the accident as well. These witnesses can be valuable sources of information for your case, particularly in the event that they are able to be present at trial. It is important to remember that witnesses may alter their story and forget details regarding the accident as time passes. Intake and Investigation If you have filed an insurance company or have started an action against an at-fault driver, the process of intake is essential to obtaining an adequate and fair settlement for your crash injuries. Your attorney will begin by examining your medical records, and obtaining copies accident reports and other evidence. They will also go to the scene of the crash to document and observe what they can. This information will assist them understand the extent of your injuries both in terms of future and projected costs for your physical and emotional suffering. Then, they will look at your current and future financial losses in order to determine the worth of your case. Your damages may include not only future and current medical expenses, but also lost income and property damage. Your lawyer will also investigate the incident, including speaking with witnesses and reviewing all available evidence. They will also collect the driving and cell phone records of the driver at fault in order to determine how they operated their vehicle at the time. This is particularly important if there was a collision with an Uber or Lyft car, or any other indication that the driver worked while on the clock. As part of the process of discovery the lawyer will inquire about the defendant's traffic and criminal conviction records. These details are typically not admissible, but they could be used to undermine the defendant's credibility during cross-examination. Negotiating a Settlement Once you have the medical records after which your lawyer can start negotiations for settlement. Initially the insurance company will present an offer that's usually substantially lower than the amount you requested in your letter. This is a tactic to see how strong your case is. In your counteroffer, it is crucial to highlight the most powerful arguments you have to your advantage. For instance, you can say that the insurer was at fault and that there were severe injuries and significant medical expenses. Negotiating back and forth could eventually result in an acceptable and reasonable amount. An experienced attorney can effectively argue for the benefits of your claim, including presenting evidence that supports your losses. This could include photographs of the car's damage, a police report and witness testimony. We also know how to determine the value of various elements of your claim, including loss of income, pain and suffering. At this point, if the insurance company refuses to offer a fair amount, we have the option to bring a lawsuit to court. A trial typically lasts one or two days and is either heard by a judge (called a bench trial) or by jurors. If your case settles before this point, it can take several months. Your attorney 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 other side to win. Filing an action In the majority of car accident cases the parties are able to settle their disputes outside of court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the party at fault. If no agreement is reached, our lawyers will file a suit against the defendant. The Complaint will include your claims and allegations regarding how the crash occurred and why you are entitled to compensation. The defendant is served with the Complaint and given a specified amount of time to respond. The discovery stage is when our lawyers and the defendant will begin to exchange documents and other materials and ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their view of the events, such as what they believe happened, how they believe it occurred and the injuries you have suffered. We will also seek expert opinions to support our claims. During the discovery phase, your lawyer could file legal documents called motions to the court for a judge to rule on. This may include requesting the court to block evidence or set a trial date. It can take a year or more to complete the discovery process and establish an appointment date for your case. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible in the process.