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The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can help you determine how solid your case is as well as how the settlement may be worth. This is only possible if all the information you need is available.

Discovery is the initial step of a car accident case. In this phase attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

Documentation is a large component of an accident. This may include evidence such as medical records, photos, or witness statements. The more documentation that you have the more convincing your case will be.

A law enforcement report is the first document you need. Typically the police officer that comes to the scene of the accident will write the report, and it will provide important information about what happened and who was responsible for the incident.

Your lawyer can also make use of the report of a law enforcement officer to gather additional evidence if required. For instance, if the accident happened in a business or office, an employee working at the location might have recorded video footage of the incident. If this is the case, you must ask for a copy of the footage from the company.

You should also record the expenses you incur in the aftermath of the accident. This could include medical bills and records of your treatment, receipts from medication rental car costs as well as in-home care or assistance expenses for transportation, and much more. Additionally, you must record any income loss because of your accident. This could include old pay stubs as well as tax returns.

You should also try to get the names of witnesses. These people may be able provide valuable information, particularly if you are able to have them give evidence in court. It’s important to remember that witnesses may alter their stories and forget details about the accident over time.

Intake and Investigation

If you’ve made an insurance claim with an firm or are beginning an action against an at-fault driver, the process of intake is essential to obtaining the fair and complete compensation you deserve for the accident injuries. Your attorney will start by looking through your medical documents, and then obtaining copies accident reports and other available evidence. auto accident lawsuit akron will also go to and document the accident scene.


This will help them to comprehend the extent of injuries you have suffered, both in terms future and current costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to estimate the total value of your case. The damages could not be limited to only future and ongoing medical expenses, but also lost income and property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also collect the driver at fault’s driving records and phone records to determine how they used their vehicle at the time of the crash. This is especially important in the event that there was a collision involving an Uber or Lyft car or any other evidence that suggests the driver worked while on the clock.

In addition your lawyer will also ask questions about the defendant’s previous criminal and traffic convictions in the discovery process. These facts are usually not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

The process of negotiating a settlement

After you’ve obtained the medical documents and obtaining the medical records, your lawyer can begin settlement negotiations. The insurance company is likely to make an initial offer that is much smaller than the amount that you demanded in your letter. This is a way to assess the credibility of your argument. In the counteroffer, it is crucial to highlight the most powerful arguments in your favor, for example, the insured was at the fault, and that you suffered serious injuries that resulted in high medical costs. Negotiating back and forth will eventually result in an appropriate and fair amount.

A skilled accident attorney will effectively argue the merits of your claim including presenting evidence to support your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to determine the value of various components of your claim, including loss of income, suffering and pain.

If the insurance company refuses to pay an amount that is reasonable at the moment, we can file a lawsuit. A trial usually lasts for between one and two days. It is either heard by an individual judge (called a bench trial) or by a jury. If your case is settled prior to reaching this stage, the process can take months. Your lawyer may also be able file a summary motion to enter judgment. This is where you present all the evidence to your advantage and arguing that it’s impossible for the other side to win.

Filing a Lawsuit

In the majority of car crash cases parties can settle their dispute without going to court. Our team will work to help you negotiate an agreement with the other driver’s insurance company or directly with the at-fault party. If an agreement cannot be reached, our lawyers will bring an action against the defendant. The Complaint contains your claims and allegations about the accident, and explains why you are entitled to compensation. The defendant is served with the Complaint, and given a set amount of time to respond.

During the discovery phase, our attorneys will share documents and other materials with the defendant, while asking questions via interrogatories and depositions. Our team will ask the defendant’s attorney questions about their version of events, focusing on what they believe happened, how they believe it took place and what injuries you have suffered. We will also seek out expert opinions to support our position.

During the discovery phase, your lawyer could submit legal documents, also known as motions with the court to be ruled on by an individual judge. This can include requests for the court to omit certain evidence or to set an appointment for trial. It can take up to one year for the investigation process to be completed and a trial date set. This is why it’s crucial to consult with a seasoned Long Island car accident attorney at the beginning of the process.