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The Intake Process for Car Accident Litigation A lawyer with expertise in car accident litigation can help you determine how solid your case is as well as how much your settlement could be worth This is only possible when all the information you need is available Discovery is the first stage of a car accident case In this phase attorneys and their teams exchange documents and ask each other questions under oath Documentation The majority of the work involved in a car crash case is collecting evidence This can include evidence like medical records photos or witness statements Generally speaking the more evidence you have to back your claim the more convincing your argument will be The first document you need is a law enforcement report Typically the police officer that arrives at the scene of the accident will write the report and it will give important details about how the crash occurred and who was at fault for the incident Your attorney may also make use of an official report from law enforcement to seek additional evidence if required For example if the incident occurred at a company where employees were present the location may have recorded footage of the incident If this is the case seek a copy from the company Note any costs you have incurred as a result of the accident These could include medical bills and records for your treatment receipts for medicines rental car expenses and inhome assistance or care expenses for transportation and much more In addition you should document any lost income as a result of your injury auto accident attorneys overland park can utilize old tax returns and pay stubs If you can collect the names of witnesses to the incident as well They could be valuable sources of information for your case especially in the event that they are able to be present at trial It is important to remember that witnesses can alter their stories and forget details about the accident over time Intake and Investigation The process of intake is crucial to receiving an adequate amount of settlement for your accidentrelated injuries regardless of whether youve made an insurance claim or are suing the party at fault Your attorney will begin by examining your medical records and then obtaining copies of accident reports as well as other evidence They will also visit and document the scene of the accident This will allow them to assess the severity of the injuries youve suffered in terms of actual and projected costs for your emotional or physical suffering Then theyll review your current and future financial losses in order to estimate the value of your case The damages could include not only current and future medical expenses but also your lost income and property damage Your lawyer will also investigate and interview witnesses and analyzing all available evidence They will also obtain the driver who was at fault and their driving cell phone records to see the way they used their vehicle at the time of the collision This is particularly important if there was a collision with an Uber or Lyft car or any other indication that the driver was on the clock As part of the discovery process the lawyer will ask about the defendants traffic and criminal conviction records These details are typically not admissible however they can be used to undermine the credibility of the defendant in crossexamination The process of negotiating a settlement After youve obtained the medical documents and obtaining the medical records your lawyer can begin negotiations for settlement The insurance company will often make an initial offer that is smaller than the amount that you requested in your letter This is a way to test the credibility of your argument In the counteroffer its crucial to emphasize the most important arguments you have in your favor for example the insured was entirely at the fault and that you sustained severe injuries with high medical costs The process of negotiating back and forth should eventually lead to an equitable and reasonable amount A skilled attorney can successfully argue your claims merits including presenting proof to support your losses This could include photos of car damage police reports and witness testimony We know how to calculate various aspects of your claim such as lost income or pain and suffering as well as police report At this point if the insurance company still refuses to provide a reasonable amount we can choose to make a claim in court A trial typically lasts between one and two days and is heard either by an attorney or a jury If your case settles prior to reaching this stage the process could last months Alternatively your attorney may be eligible to file an application for summary judgment This involves asserting that all evidence is in your favour and arguing that its impossible to allow the opponent to win Filing a Lawsuit In the majority of car accident cases parties are able to settle their disputes outside of court Our team will assist you in negotiating a settlement with the other drivers insurance company or directly with the atfault party However if an agreement is not reached the lawyers of our firm will file a lawsuit against the defendant The Complaint contains your claims and allegations relating to the accident and the reasons why you are entitled to compensation The defendant will be served the Complaint and given a certain timeframe to respond During the discovery phase our attorneys will share documents and other information with the defendant and ask questions through interrogatories and depositions Our team will ask the attorney for the defendant questions regarding their interpretation of the events such as what they believe happened during the crash as well as how they think it took place and what injuries youve suffered We will also look for experts to back our assertions During the discovery phase your lawyer could prepare legal documents referred to as motions with the court to be decided by the judge This could include requests for the courts decision to exclude certain evidence or set a trial date It could take a full year or more to complete the process of discovery and to set an appointment date for your case This is why its important to work with an experienced Long Island car accident attorney at the beginning of the process