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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 strength of your case and what settlement amount you might receive. However this is only feasible when you have all the information needed.

The initial step in a car crash lawsuit is known as discovery. In this stage, attorneys and their teams will discuss documents and answer questions under oath.

Documentation

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

A police report is the very first document you should have. Typically, the police officer who comes to the scene of the accident will write a report, and this will provide crucial information on how the crash occurred and who was responsible for the incident.

If needed, your attorney can use an investigation report to collect additional evidence. If the incident occurred at an office such as a place of business an employee might have recorded video footage. If this is the case, you should request a copy from the company.

You should also record the expenses you incur as a result of the accident. These could include medical bills and records of your treatment, receipts for medications rental car expenses, in-home care or assistance expenses for transportation, and many more. Also, you should document any income lost due to your injury. This can include old pay stubs, as well as tax returns.

If you can, get the names of witnesses to the incident as well. These people may be able provide valuable information, particularly if you are able to get them to be a witness in court. However, it is important to keep in mind that witnesses can alter their testimony over time and could forget specific details about the incident.

Intake and Investigation

If you have made a claim with an insurance company or are preparing an action against an at-fault driver, the process of obtaining an intake is essential for obtaining the full and fair amount of compensation for the injuries you sustained in a crash. Your attorney will begin by looking over your medical records, as well as obtaining copies accident reports and other evidence. They will also visit the site of the crash to observe and document 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 physical and emotional suffering. They will then review your financial losses to determine the value of your case. The damages could not be limited to only current and future medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and reviewing all available evidence. They will also take the driver at fault’s driving records and phone records to determine the way they used their vehicle at the time of the accident. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was at work, as this could affect the ability of them to pay damages.

In addition your attorney may ask questions regarding the defendant’s prior criminal and traffic-related offenses as part of the discovery process. In general, these information are not admissible in court, but they could be helpful to discredit the credibility of the defendant during cross-examination.

Negotiating a Settlement

After you have received your medical records, it is possible to begin settlement negotiations. In the beginning the insurance company will offer an offer that is usually much lower than what you have requested in the letter. This is a tactic to determine how strong your argument is. In the counteroffer, it’s crucial to highlight the most powerful points in your favor – for example, that the insured was completely at blame and that you were afflicted with severe injuries with high medical expenses. Then, back and forth bargaining will result in an amount that is both reasonable and fair.

A skilled attorney can effectively argue your claim’s merits by presenting evidence to justify your losses. This could include photographs of the damage to your vehicle along with a police report as well as witness testimony. We also know how to calculate the value of each element of your claim, such as loss of income, pain and suffering.

At this point, if the insurance company continues to refuse to offer a reasonable amount, we have the option to make a claim in court. A trial typically lasts between one and two days. It is either heard by a judge (called a bench trial) or jurors. If your case is settled prior to reaching this stage the process could take months. Your lawyer may also be able to file a summary motion to dismiss. This is where you present all the evidence to your advantage and arguing that it’s impossible for the other side to prevail.

Filing an action

In the majority of car crash cases, the parties can resolve their disputes without going to court. auto accident lawyer chino hills will assist you in negotiating an agreement with the other driver’s insurance company or directly with the at-fault party. If no agreement can be reached, our attorneys will file a lawsuit against the defendant. The Complaint will contain your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint, and given a specific amount of time to answer.


The discovery phase is when our attorneys and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask the attorney for the defendant questions about their view of the events, such as how they believe the crash occurred and what injuries you’ve sustained. We will also request expert opinions that enforce our position.

During the discovery phase, your lawyer could make legal documents known as motions with the court to be decided by the judge. This could mean asking the court to omit evidence or set a trial date. It can take up a year for the discovery process to be completed and a trial date set. It is imperative to speak with an experienced Long Island auto accident attorney as early as possible during the process.