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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 assist you determine the strengths of your case as well as what settlement amount you might get. This is only possible if all the information you require is available. The first step in a lawsuit involving a car accident is called discovery. During this phase attorneys and their teams discuss documents and answer questions under the oath. Documentation Documentation is a significant component of an accident. This could include evidence such as medical records, photos, or witness statements. The more documentation that you have the more convincing your case. A law enforcement report is the primary document you need. The police officer who arrives at the scene is likely to prepare a written report. It will provide important information about the accident and who was responsible. If needed your lawyer has the option of using an investigation report to collect additional evidence. If the incident occurred in the workplace such as a place of business, an employee may have recorded video footage. If that's the case, the tape should be requested from the business as soon as possible. Document any expenses you incurred in the aftermath of the accident. Document any expenses you incurred due to. This could include medical bills and records of your treatment, receipts from medication rental car charges, in-home care or assistance as well as transportation costs and more. In addition, you should record any income loss because of your accident. This could include old pay slips and tax returns. It is also advisable to obtain the names of witnesses. They might be able provide valuable information, especially if you can convince them to give evidence in court. It is important to keep in mind that witnesses can alter their story over time and forget details of the incident. Intake and Investigation The process of intake is crucial to receiving fair settlement for your accident-related injuries, whether you have filed an insurance claim or you are suing the person at fault. auto accident law firm cincinnati will start by looking over your medical treatment records, and obtaining copies of accident reports as well as other evidence. They will also visit the scene of the crash to record and observe what they can. This information will help them determine the extent of your injuries as well as the future and projected costs for your emotional and physical suffering. Then, they will review your current and future financial losses in order to estimate the value of your case. The damages could comprise not only your current and future medical expenses but also income loss and property damage. Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any available evidence. They will also collect the driver at fault's driving and phone records to determine what they were doing with their vehicle at the time of the crash. This is particularly important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working while on the job, since this could negatively impact their ability to pay for your damages. As part of the discovery procedure Your lawyer will inquire about the defendant's criminal and traffic offense records. These details are generally not admissible in court, however they could be helpful to undermine the credibility of the defendant in cross-examination. Negotiating a Settlement After you have received your medical records, it is possible to begin settlement negotiations. The insurance company is likely to make an initial offer that is much smaller than the amount that you demanded in your letter. This is a way to assess the strength of your case. When you counteroffer, it's essential to highlight the most compelling points you have in your favor. For instance, if you claim the insurer was in the wrong and that there were severe injuries as well as high medical costs. In the end, a lot of bargaining back and forth will result in an amount that is both fair and reasonable. A skilled attorney for accidents can effectively argue the benefits of your claim, including presenting evidence supporting your losses. This may include photos of your car damage, police reports or witness testimony. We know how to calculate various aspects of your claim, such as loss of income or pain and suffering, as well as police reports. If at this point the insurance company refuses to offer a fair amount, we can choose to start a lawsuit in the courtroom. A trial typically lasts up to two days and is supervised by a judge (called a bench trial) or by a jury. If your case is settled before this point it could take a few months. Your attorney may also be able to file a summary motion to enter judgment. This is a way of presenting all the evidence to your advantage and arguing that it is impossible for the other side to prevail. Filing an action In a majority of cases involving car accidents parties are able to resolve their disagreement outside of court. Our team will help you negotiate an agreement with the other driver's insurance company or directly with the at-fault party. If an agreement is not reached, our attorneys will file a suit against the defendant. The Complaint will detail your claims and allegations regarding how the accident occurred and the reason you should be compensated. The defendant is served with the Complaint, and given a certain period of time to reply. The discovery stage is when our lawyers and the defendant begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of events, focusing on what they believe happened, how they believe it happened and what injuries you have suffered. We will also search for experts to back our position. During the discovery phase, your lawyer may file legal documents called motions to the court for a judge to rule on. This could include requests for the court to exclude certain evidence, or to set an appointment for trial. It could take a full year or more to complete the discovery process and establish a trial date for your case. It's crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point during the process.