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The Intake Process for Car Accident Litigation

A lawyer with experience in litigation involving car accidents will be able to assist you determine the strengths of your case as well as how much settlement you could get. This is only possible if all the information you need is available.

Discovery is the first step of a car accident case. During this stage, attorneys and their teams exchange documents and discuss questions under oath.

Documentation

A significant portion of the work that goes into a car accident case is obtaining documentation. This could be evidence like photographs, medical records, or witness statements. Generally speaking, the more evidence you have to back your claim the stronger your argument will be.

A police report is the first document you need. Typically the police officer who comes to the scene of the accident will draft the report, and it will provide important information about how the accident occurred and who was responsible for the incident.

If needed you need to, your attorney can make use of a police report to gather additional evidence. If the accident happened in an office such as a place of business an employee might have recorded video footage. If this is the case, seek a copy from the business.

Record any expenses you have incurred in the aftermath of the accident. This can include medical bills and records for your treatment, receipts for medications rental car expenses as well as in-home care or assistance transport costs, and more. Additionally, you must document any lost income because of your accident. You can use your old tax returns and pay stubs.

You should also obtain the names of witnesses. These people may be able to provide valuable information, especially if can convince them to testify in court. It is important to keep in mind that witnesses can alter their stories over time and they may forget details about the accident.

Intake and Investigation

The intake process is critical in obtaining an adequate amount of compensation for your injuries sustained in an accident, whether you have filed a claim with an insurance company or are suing the responsible party. Your attorney will start by looking over your medical treatment records, and obtaining copies of accident reports as well as other evidence. They will also go to the scene of the crash to record and observe what they can.

This information will allow them to know the extent of your injuries as well as the future and projected costs for your emotional and physical suffering. They will then review your current and future financial losses in order to determine the value of your case. Damages could include not just your current and future medical costs but also lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also obtain the driver who was at fault and their driving cell phone records to see what they were doing with their vehicle at the time of the crash. 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 worked while on the clock.

Additionally your attorney may ask questions regarding the defendant’s prior criminal and traffic offense history during the discovery process. These facts are usually not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After obtaining the medical records then your lawyer will begin negotiations on settlement. The insurance company will typically make an initial offer that is much less than what you requested in your letter. This is an opportunity to test the credibility of your argument. In the counteroffer it is crucial to highlight the most powerful arguments you have in your favor – for instance, that the insured was fully at the fault, and that you suffered severe injuries with the highest medical costs. Then, negotiations back and forth will result in an amount that is both reasonable and fair.

A skilled accident attorney can effectively argue the merits of your claim by presenting evidence to prove your losses. This could include photos of the damage to your car, a police report and witness testimony. We know how to determine the various elements of your claim like lost income, pain and suffering and police report.

At this point, if the insurance company is still refusing 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 either heard by an individual judge (called a bench trial) or jurors. If your case settles before reaching this phase it could take months. Your attorney might also be able file a summary motion for judgment. This means claiming that all evidence is in your favour, and arguing that it’s impossible for the opposing side to prevail.

Filing an action

In the majority of car crash cases, the parties are able to settle their dispute without going to court. Our team will work to assist you in negotiating a settlement with the insurance company of the other driver company, or directly with the party at fault. If a settlement isn’t reached, our lawyers will file a lawsuit against the defendant. The complaint contains your claims and allegations regarding the accident and why you are entitled to compensation. The defendant is served with the Complaint and given a set period of time to reply.


The discovery phase is where our lawyers and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their perspective on the events, such as the circumstances under which they believe the crash occurred and the injuries you’ve suffered. We will also seek expert opinions that support our position.

During the discovery phase, your lawyer may prepare legal documents referred to as motions with the court to be decided by a judge. auto accident attorney lakeland can include requests for the court’s decision 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 determine the date of trial for your case. This is why it’s crucial to work with an experienced Long Island car accident attorney early on in the process.