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The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car accident litigation will help you determine how solid your case is and also how much your settlement could be worth. This is only possible when all the information you require is available.

The initial step in a car accident lawsuit is called discovery. In this stage, attorneys and their teams will exchange documents and discuss questions under an oath.

Documentation

A significant portion of the work that goes into a car accident investigation is gathering evidence. This could include evidence such as photos, medical records or witness statements. The more documentation that you have, the more convincing your case will be.

A police report is the first document you need. Typically, the police officer who arrives at the scene of the accident will write an investigation report. This will give important details about the circumstances of the crash and who was responsible for the incident.

If necessary you need to, your attorney can make use of an investigation report to collect additional evidence. For instance, if the incident took place in a commercial the employee who worked at that area may have recorded footage of the incident. If this is the case, seek a copy from the company.

You should also document the expenses you incur in the aftermath of the accident. This can include medical bills, records of your treatment, receipts for medication rental car costs for in-home assistance, care at home, transportation costs and more. It is also important to document the loss of income due to your accident. This can include old pay slips and tax returns.

You should also find the names of witnesses. They may be able to give valuable information, particularly if you can convince them to appear in court. However, it is important to keep in mind that witnesses can change their stories over time and they may forget details about the accident.

Intake and Investigation

If you’ve filed a claim with an insurance company or are starting legal action against a negligent driver, the initial intake process is crucial to getting full and fair compensation for your injuries from a crash. auto accident lawyer racine will begin by examining your medical records, obtaining copies of accident reports, as well as other evidence. They will also visit the site of the crash to document and observe what they can.

This information will allow them to determine the severity of the harm you’ve suffered in relation to future and current costs for your physical or emotional suffering. Then, they will look at your financial losses to determine the value of your case. Your damages can include not only your present and future medical costs but also lost income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any evidence. They will also collect the at-fault driver’s driving and phone records to determine how they used their vehicle at the time of the collision. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was working while at work, as this could negatively impact the ability of them to pay damages.

As part of the discovery process Your lawyer will ask about the defendant’s criminal and traffic conviction records. These details are generally not admissible but could be used to undermine the defendant’s credibility during cross-examination.

Negotiating a Settlement

After you have obtained the medical records after which your lawyer can start negotiations for settlement. In the beginning the insurance company will present an offer that’s usually much lower than what you demand in the letter. This is a way to assess the strength of your argument. In your counteroffer, it’s crucial to highlight the most powerful points that you have in your favor. For instance, you could argue that the insurance company was in the wrong and that there were serious injuries and expensive medical expenses. Eventually, bargaining back and forth should get you to an amount that is both fair and reasonable.

A skilled attorney for accidents can successfully argue the merits of your claim, including presenting evidence that supports your losses. This could include photos of vehicle damage, police reports and witness testimony. We know how to calculate various elements of your claim such as lost income as well as pain and suffering, and police report.


If, at this point, the insurance company refuses to provide a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial typically lasts about two or three days and is either heard by an individual judge (called a bench trial) or by a jury. If your case settles before reaching this phase the process could take months. Your attorney may also be able file a summary motion to enter judgment. This involves asserting that all evidence is in your favor, and arguing it’s impossible for the opposition to win.

Filing a Lawsuit

In the majority of car crash cases parties can resolve their disagreement without the need for court. Our team can help you negotiate with the insurance company of the other driver or directly with the person responsible for the accident. If there is no agreement the lawyers of our firm will initiate an action against the defendant. The Complaint will include your claims and allegations regarding the cause of the crash and the reason you should be compensated. The defendant will be served the Complaint and given a specified period of time to respond to it.

The discovery phase is where our attorneys and the defendant will begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you have suffered. We will also seek out expert opinions that will support our stance.

During the discovery process, your lawyer may submit legal documents, also known as motions to the court for a judge to rule on. This could mean asking the court to block evidence or set a trial date. It can take up an entire year for the discovery process to be completed and a trial date to be set. This is why it’s crucial to consult with a seasoned Long Island car accident attorney early in the process.