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The Intake Process for Car Accident Litigation A lawyer with experience in defending car accident cases can help you determine the strength of your case and how much settlement you could receive However it is only possible with all the necessary information The initial step in a lawsuit involving a car accident is called discovery In auto accident attorney tulsa attorneys and their teams will discuss documents and answer questions under the oath Documentation The majority of the work involved in a car crash case is collecting documentation This can include evidence like photographs medical records or witness statements The more evidence you have to support your claim the stronger your claim will be The first piece of documentation you should have is a police report The police officer who arrives at the scene of the accident is likely to prepare a written report This report will provide important information regarding the accident as well as who was responsible If necessary your attorney can use an investigation report to collect additional evidence For instance if the incident took place in a commercial where employees were present the site might have recorded video footage of the incident If thats the case the tape must be requested from the company as soon as is possible Record any expenses you have incurred in the aftermath of the accident Document all expenses you have incurred as a result of This could include medical bills and records for your treatment receipts for medication rental car expenses as well as inhome care or assistance transport costs and much more You should also document any income you lose due to your injury This could include old pay stubs as well as tax returns If you can get the names of witnesses to the incident as well They may be able to provide important information especially if you are able to get them to testify in court However its important to remember that witnesses are prone to altering their stories over time and may forget details of the incident Intake and Investigation The intake process is essential to getting fair compensation for your injuries from an accident whether you have filed an insurance claim or are suing the responsible party Your lawyer will begin by reviewing your medical treatment records obtaining copies of accident reports as well as other evidence They will also go to and document the scene of the accident This information will enable them to comprehend the extent of the injuries youve suffered in relation to current and projected costs for your emotional or physical suffering Then they will look at your financial losses in order to determine the value of your case The damages could include not only your present and future medical costs as well as lost income and property damage Your lawyer will also investigate the incident including interviewing witnesses and analyzing any evidence They will also take the driver at faults driving and cell phone records to see 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 indicator that the driver was working while at work as it could affect the ability of them to pay damages In addition to this your lawyer will also inquire regarding the defendants prior criminal and traffic offense history as part of the discovery process Generally these details are not admissible in court but they could be helpful to discredit the credibility of the defendant during crossexamination The process of negotiating a settlement After youve obtained the medical documents your lawyer can begin negotiations on settlement The insurance company will often make an initial offer that is much less than what you requested in your letter This is a tactic to determine how strong your case In the counteroffer it is crucial to highlight the most powerful arguments for your side for example the insured was fully at the fault and that you suffered serious injuries that resulted in significant medical expenses The process of negotiating back and forth should eventually lead to an equitable and reasonable amount A skilled attorney for accidents will effectively argue the benefits of your claim by presenting evidence to prove your losses This could include photographs of the car damage or a police report as well as witness testimony We are able to calculate various elements of your claim including lost income along with pain and suffering as well as a police report If the insurance company refuses to pay an appropriate amount at this point we could make a claim A trial usually lasts between one and two days and is heard either by an attorney or a jury If your case is settled prior to this phase it can take a few months Alternatively your attorney may be eligible to file a motion for summary judgement This is a way of claiming that all evidence is in your favor and arguing that its impossible to allow the opponent to win Filing a Lawsuit In the majority of cases involving car accidents the parties are able to settle their disputes outside of court Our team will help you negotiate with the insurance company of the other driver or directly with the person at fault If a settlement isnt reached our attorneys will file a suit against the defendant The Complaint will contain your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation The defendant is served the Complaint and given a specified amount of time to answer During the discovery phase our lawyers will exchange documents and other materials with the defendant while asking questions through interrogatories and depositions Our team will ask the defendants attorney questions about their version of events including what they believe happened how they believe it happened and what injuries youve suffered We will also solicit expert opinions that support our position During the discovery process your lawyer may submit legal documents known as motions to the court for a judge to rule on This may include requesting the judge to exclude evidence or set a trial date It can take a year or more to complete the discovery process and establish the trial date for your case It is crucial to talk with an experienced Long Island auto accident attorney as early as you can in the process