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The Intake Process for Car Accident Litigation

A lawyer who has experience in litigation involving car accidents will be able to assist you determine the strength of your case and the amount of settlement you could receive. This is only possible if all the information you need is available.

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

Documentation

A lot of the work involved in a car wreck case is collecting evidence. This could include evidence such photographs, medical records or witness statements. The more evidence you have, the more convincing your case.

A law enforcement report is the very first document you need. Typically the police officer who comes to the scene of the accident will draft a report, and this will contain important information about what happened and who was at fault for the incident.

If required, your attorney can use an investigation report to collect additional evidence. If the incident occurred at a place of business such as a place of business, an employee may have recorded video footage. If this is the case a copy of the tape must be requested from the business as quickly as possible.

You should also record any expenses you incurred in the aftermath of the accident. This could include medical bills and records of your treatment, receipts for medications rental car expenses and in-home assistance or care expenses for transportation, and more. Additionally, you must document any lost income due to your injury. You can use tax returns and pay stubs.

If you can, get the names of any witnesses to the accident as well. These people may be able to provide valuable information, particularly if you are able to have them appear in court. It is important to keep in mind that witnesses can alter their accounts and forget details about the incident as time passes.

Intake and Investigation

The process of intake is crucial to obtaining fair compensation for your accident injuries regardless of whether you’ve filed an insurance claim or are suing the at-fault party. Your attorney will begin by looking over your medical records, and obtaining copies of accident reports and other evidence. They will also visit the scene of the crash to record and observe what they can.

This will help them to comprehend the extent of the harm you’ve suffered, both in terms actual and projected costs for your emotional or physical suffering. They will then review your financial losses to determine the total value of your case. The damages could include not only your present and future medical expenses, but also lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and reviewing all available evidence. They will also collect driving and cell phone records of the driver at fault in order to determine how they operated their vehicle during the time. This will be especially crucial if the crash involved an Uber or Lyft vehicle, or any other indicator that the driver was working, as this could negatively impact the ability of them to pay damages.

In addition to this, your attorney will likely inquire about the defendant’s past criminal and traffic offence history during the discovery process. Generally speaking, these facts are not admissible in court, but they could be helpful to impeach the defendant’s credibility during cross-examination.

The process of negotiating a settlement

Once you have the medical records and obtaining the medical records, your lawyer can begin settlement negotiations. Initially the insurance company may make an offer that’s usually considerably lower than what you requested in your letter. This is a way to test the credibility of your argument. In the counteroffer, it’s crucial to emphasize the most important arguments you have in your favor – for example, the insured was at fault and that you suffered severe injuries with significant medical expenses. In the end, a lot of back and forth bargaining should get you to an amount that is both fair and reasonable.


A skilled attorney can effectively argue your claim’s merits including presenting evidence to prove your losses. This could include photos of vehicle damage, police reports or witness testimony. We are able to calculate various elements of your claim, such as loss of income as well as pain and suffering, and police report.

If the insurance company is unwilling to pay an amount that is reasonable at the moment, we can make a claim. auto accident law firm memphis lasts one or two days and can be heard by an individual judge (called a bench trial) or jurors. If your case is settled before this point it could take several months. Your attorney might also be able file a summary motion to dismiss. This means presenting all of the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing a Lawsuit

In the majority of cases involving car accidents parties can resolve their disagreement outside of court. Our team will help you negotiate an agreement with the insurance company of the other driver company or directly with the person at fault. If an agreement cannot be reached, our lawyers will initiate an action against the defendant. The Complaint will detail your claims and allegations regarding how the accident occurred and why you deserve compensation. The defendant is served the Complaint, and given a specified amount of time to answer.

The discovery phase is the time when our lawyers and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will ask the defendant’s attorney questions regarding their interpretation of the events, including what they believe happened, how they believe it occurred and what injuries you’ve suffered. We will also seek expert opinions to support our position.

During the discovery phase, your lawyer could file legal documents known as motions to the court to be decided by a judge. These could include requests to the court to block certain evidence, or to set a trial date. It can take a year or more to complete the discovery process and set a trial date for your case. It’s crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point in the process.