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The Intake Process for Car Accident Litigation

An experienced lawyer in defending car accident cases will be able to help you determine the strength of your case and the amount of settlement you can receive. However this is only possible with all the necessary information.

The first step in a car crash lawsuit is known as discovery. In this phase, attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

A significant portion of the work involved in a car wreck case is collecting evidence. This may include evidence like photos, medical records, or witness statements. In general, the more evidence you have to back your claim the more convincing your case will be.


A law enforcement report is the primary document you need. The police officer who arrives at the scene of an accident will typically prepare a report. This will provide valuable information about the accident and who was responsible.

auto accident lawyer shreveport may also make use of the report of a law enforcement officer to obtain additional evidence in the event of need. If the accident happened in the workplace for instance an employee could have recorded video footage. If this is the case the tape should be requested from the business as quickly as possible.

You should also keep track of the costs you have incurred in the aftermath of the accident. This could include medical bills, records of your treatment, receipts for medication, rental car charges, in-home assistance or care expenses for transportation, and more. In addition, you should document any lost income as a result of your injury. You can use your old tax returns and pay stubs.

You should also obtain the names of witnesses. They may be able to provide valuable information, especially if are able to get them to appear in court. It is important to remember that witnesses can alter their stories and forget details about the incident over time.

Intake and Investigation

If you have made an insurance claim with an company or have started an action against the at-fault driver, the intake process is essential to obtaining full and fair compensation for the accident injuries. Your attorney will begin by looking over your medical records, as well as obtaining copies of accident reports as well as other evidence. They will also visit and document the scene of the accident.

This will help them to assess the severity of the harm you’ve suffered as well as the current and projected costs for your emotional or physical suffering. Then, they will review your financial losses in order to determine the value of your case. The damages could comprise not only your current and future medical expenses but also lost income and property damage.

Your lawyer will also conduct an investigation the incident, including speaking with witnesses and analyzing all the available evidence. They will also collect driving and cell phone records of the at-fault drivers to determine how they used their vehicle at that time. This is especially important in the event that there was a collision that involved an Uber or Lyft car, or any other evidence that suggests the driver was working around the clock.

In addition your attorney may ask questions about the defendant’s criminal and traffic-related offenses in the discovery process. These facts are usually not admissible, but can be used to undermine the defendant’s credibility in cross-examination.

Negotiating a Settlement

Once you have the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. Initially the insurance company may make an offer that’s usually substantially lower than the amount you requested in your letter. This is an opportunity to test the strength of your case. In your counteroffer, it’s important to highlight the strongest points that you have to your advantage. For instance, you can say that the insurer was at fault and there were severe injuries and significant medical expenses. Eventually, back and forth bargaining should result in an amount that is fair and reasonable.

An experienced accident lawyer can effectively argue the merits of your claim, including presenting evidence supporting your losses. This could include photos of car damage, police reports or witness testimony. We can calculate various aspects of your claim, such as loss of income or pain and suffering, as well as police report.

If at this point the insurance company continues to refuse to provide a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial usually lasts up to two days and is usually ruled by a judge (called a bench trial) or by a jury. If your case settles before reaching this phase, the process can take months. Your attorney might also be able file a summary motion for 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 the majority of cases involving car accidents parties can resolve their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint contains your claims and allegations relating to the accident and why you are entitled to compensation. The defendant is served the Complaint, and given a certain time frame to respond.

During the discovery phase, our lawyers will exchange documents and other material with the defendant while asking questions via interrogatories and depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as how they believe the crash took place and what injuries you have 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 to the court to be ruled on by the judge. This could mean asking the court to omit evidence or to schedule a trial. It could take a year or more to complete the discovery process and set the date of trial for your case. This is why it’s crucial to consult with a seasoned Long Island car accident attorney early in the process.